eviction w no lease

[jayjay6]

What is the name of your state (only U.S. law)? LOUISIANA

We purchased a duplex and are restoring it while living in one side.

We have a tenant who is constantly in fights with other neighbors and who was just arrested for the last fight (during which my personal property was damaged).

We informed him in writing of our intent to evict him 9/1/09. thats a month and ten days.

He has no lease, didnt have one with the previous owner, and then we inherited him when we bought the property. He has been warned about this behavior before and I am actually worried about it escalating.

Do I need to file anything with the court (or would it be best to, to deter any shenanigans?) Do I have to legally give him more than the 40 days I am giving him?

I've never evicted anyone and I would like to follow procedure to the letter.

thanks!

j.

 

[FarmerJ]

J as long as your written notice was clear saying that you wanted the tenant to be moved out by the last day of august you should be fine , did you send notice so you have proof of delivery ? certified or confirmed delivery or ????? If you didnt then I suggest you do it again and send it at least via confirmed delivery. If the tenant refuses to leave by the last day of the notice then go see the clerk of the court in your county and tell them you have a tenant who was given proper notice to get out and wont leave so you want to take them to court. The clerk should have forms available and you have to fill it out and pay the court fees. You can keep it simple and say on the form the tenant was given notice to vacate and refuses to do so and you still want tenant to move out. Your best bet is to have your county sherriffs dept serve the summons do no error is made and plan on showing up in court. YOU cannot self help evict the tenant if they wont leave.

 

[jayjay6]

conversation?

i thought about showing this to him:

(from
A Summary of the Eviction Forms and Procedures in Louisiana LAW INFORMATION)

the Louisiana Eviction Process – Notice to Quit:


The first step in an eviction proceeding is serving Notice to Quit on the tenant. The notice can be served by the landlord or through the Sheriff, Marshal or Constable. The law says that if the tenant cannot be found the notice can be posted on a door. If the rent is on a month to month basis and the landlord does not want to renew it, the landlord must give at least a ten (10) day notice before the rent is due again. (JULY 25th, 2009)

If there is no lease and the rental is on a month to month basis or if the lease is expiring and the landlord does not want to renew it, the landlord is not required to give any reasons why he does not want to renew it, just as the tenant does not have to give a reason if the tenant wants to move out.

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Since his friends have been gassing his head telling him his rights are 90 days (of course he didnt tell them he has no lease) and that he is hinting at a court drug-out version of this eviction, I was wondering if I should do this:

go to him in person and request that he sign a contract to quit the premises unconditionally by the gracious date I am giving him, that holds me harmless against any action to secure the property, or I will go to court immediately.

I think it may call his bluff. either he doesnt sign it and I get a jump on this timeframe or he does sign it and if he isnt gone pecan by 09-01-09, then I can board up the property and be held harmless since he would be in breach of contract.