Louisiana Application for Rule for Possession of Premises

State:
Louisiana
Control #:
LA-SKU-0496
Format:
PDF
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Description

Application for Rule for Possession of Premises

The Louisiana Application for Rule for Possession of Premises (LAPP) is a form used by landlords to evict tenants in order to regain possession of their rental property. The form is required to be filed with the Clerk of Court in the parish where the property is located. It is used to initiate a forcible entry and detained (FED) action, which is the legal process that allows landlords to recover their property from tenants who have unlawfully occupied the premises or have failed to pay rent. The LAPP must be accompanied by a summons and complaint, as well as a copy of the lease agreement if applicable. There are two types of LAPP: the Regular LAPP and the Summary LAPP. The Regular LAPP is used when the tenant has been in the property for more than six months, and the Summary LAPP is used when the tenant has been in the property for less than six months. Both forms must be completed and filed with the court in order to begin the eviction process.

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FAQ

In Louisiana, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends. Outlined below is how long of a notice period a landlord should give a tenant, depending on the type of tenancy.

The Landlord must give a 5 day ?Notice to Vacate?. That is five business days, exclusive of holidays. At the end of that period, if the tenant is still in possession, the Landlord may file a Petition of Eviction.

When it comes to a lease, the landlord cannot evict their tenant from the property in retaliation. This could make the tenant seek an attorney for help; in severe cases, these claims can go to a court in Louisiana.

Wrongful Eviction And seizing tenant property Such actions could be locking the tenant out of the premises, putting the tenant's possessions on the street, or in other ways removing the tenant from the premises without following proper legal procedure (aka ?taking the law into your own hands?).

In Louisiana, a landlord must go through court to evict a tenant, unless they have a reasonable belief that a tenant has abandoned the property.

The landlord must send the tenant a notice of termination. In Louisiana, this is often called a "notice to vacate." Louisiana landlords must serve (deliver) a five-day notice to vacate. In other words, the landlord must give the tenant five days (not including weekends and holidays) to move out.

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Louisiana Application for Rule for Possession of Premises