Louisiana Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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Control #:
US-03315BG
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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint For Unlawful Detainer - Residential Tenant Holding Over After Expiration Of Term?

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FAQ

4701. The notice to vacate must allow the tenant at least five (5) days from the date of its delivery, not mailing, to vacate the leased premises. La. Code Civ.

Can You Withhold Rent in Louisiana? The only case in which a tenant may withhold rent in Louisiana is under the repair and deduct statute.

Grace Periods Louisiana laws don't require landlords to include a grace period in their lease term for new tenants, meaning that they may charge a late fee the day after the rent due date.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

In Louisiana, landlords can raise the rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.

The tenant has only twenty-four (24) hours after the judgment of eviction to vacate the property, unless an appeal is filed. If the tenant does not vacate the premises within twenty-four (24) hours and no appeal is filed, the landlord may contact the sheriff or constable to execute the writ of possession.

In Louisiana, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms and not upholding legal responsibilities under Louisiana law. Even so, proper notice must first be given before ending the tenancy.

When Breaking a Lease Is Justified in Louisiana You Are Starting Active Military Duty. ... The Rental Unit Is Unsafe or Violates Louisiana Health or Safety Codes. ... Your Landlord Harasses You or Violates Your Privacy Rights.

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Louisiana Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term