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  1. #1
    sweetsoulsister is offline Junior Member
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    How long do I have to move out after eviction?

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

    How long do I have in Louisiana before I have to move once I have received an eviction notice? My landlord refused rent on the fifth of the month (I am on a month-to-month lease) and she told me to start looking for a place to move (which I had no problem with; the feeling is mutual, I just have a lot of furniture including a piano and can't organize a move overnight). Then I received papers she filed on August 17th to evict and there is a hearing scheduled tomorrow (8/21). Since I already agreed to move, do I need to even go to the hearing or do I need to go and make sure I am given ample time to move? Don't I have at least 30 days? If so, when does the clock start ticking? From the fifth? The date she filed (8/17)? Or the hearing??? I am not trying to stay here, I just don't want to have to move in 24-48 hours. Don't they have laws to protect people from things like this?

    Any help/advice would be most appreciated.
  2. #2
    Cvillecpm is offline Senior Member
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    You didn't pay your rent......what do you expect?

    Yes, attend the hearing and tell the judge when you will be out so that maybe they will delay your SET OUT a few days....start packing!!
  3. #3
    phase08 is offline Member
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    ample time to move?


    Your sense of entitlement is amazing.

    1. When did you get the Notice to Vacate and what was the deadline date for you to voluntarily move?
    2. When did you get papers from the Court?
    3. What have you been doing with your time since then?
    4. Your furniture and your piano is your problem, not the landlords.
    5. Who said you had to "organize" a move overnight? You've obviously been wasting time for weeks. If judge sides with landlord tomorrow, he will make it clear to you (if you appear) as to the date you have to be out. It's usually a few days.

    You’re acting like this just came out of nowhere. Not so. You saw this coming. If you don't "organize a move" before the set-out date, the Sheriff's deputies will do it for you - out into the street - including that piano. Suggest you rearrange your priorities.

    [url=http://www.rentlaw.com/eviction/louisianaeviction.htm]Louisiana Evictions[/url]

    FILING AN EVICTION IN Louisiana

    Month-to-Month Tenants If you rent by the month and do not have an agreement as to how long your rental will last, you are a "month-to-month" tenant.

    If you are a month-to-month tenant, your landlord can evict you for "no cause" or reason. But the landlord must give you 10 days' notice in writing before the end of the current rental period. If the landlord does not give you the right notice, the judge should order the landlord to start the eviction process over -- usually for the next month. Defenses to these 10 day "no cause" evictions are limited.

    If you do something to break your agreement, like not paying your rent, your landlord can generally evict you on 5 days' notice.

    Written Lease or Subsidized Housing If you have a written lease or if you live in subsidized housing, your landlord usually needs a good reason to evict you. For example, failure to pay rent or another violation of the lease.

    If your lease has run out you may be evicted without a good reason, unless you live in public housing or certain types of subsidized housing.

    Your landlord cannot legally evict you until he gets a court order allowing the eviction. If your landlord tries to evict you without getting a court judgment, call the police. They should help you as long as there is no court order. As in most states, the landlord cannot legally change the locks, shut off your utilities or try to keep you out of your home.

    A Notice to Vacate means that your landlord plans to file a lawsuit for your eviction if you don't move out by the end of the notice period.

    It is not a court order to move out. The landlord cannot get a court order for eviction until there has been a trial before a judge. If you get a Notice to Vacate, you should quickly decide what to do. If you want to stay, you should first try to work out a deal with the landlord. Some landlords just want their rent paid.
    Last edited by phase08; 08-21-2009 at 05:21 PM. Reason: typos
  4. #4
    Alaska landlord is offline Senior Member
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    Quote Originally Posted by sweetsoulsister View Post
    What is the name of your state (only U.S. law)? Louisiana

    How long do I have in Louisiana before I have to move once I have received an eviction notice? My landlord refused rent on the fifth of the month (I am on a month-to-month lease) and she told me to start looking for a place to move (which I had no problem with; the feeling is mutual, I just have a lot of furniture including a piano and can't organize a move overnight). Then I received papers she filed on August 17th to evict and there is a hearing scheduled tomorrow (8/21). Since I already agreed to move, do I need to even go to the hearing or do I need to go and make sure I am given ample time to move? Don't I have at least 30 days? If so, when does the clock start ticking? From the fifth? The date she filed (8/17)? Or the hearing??? I am not trying to stay here, I just don't want to have to move in 24-48 hours. Don't they have laws to protect people from things like this?

    Any help/advice would be most appreciated.
    I gotta wonder what you have been doing all this time.
    If you have the money, come prepared with cash in hand or a money order to pay your rent. Yes there are laws to protect you. Yes, you have exhausted your protection.

    Pay the rent and things like this will stop happening. It will be difficult for you to score a new apartment with an eviction on your record.
  5. #5
    gozing2009 is offline Junior Member
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    Cool If anything has been filed with the court, you will need to...

    ...find out if your name is on the DO NOT RENT TO BLACKLIST (unofficial name, of course). Data compilation companies collect information on evictions when they are first filed and not after disposition, so when you apply for a new residence (rent, lease or buy) this eviction filing will show on your record making it difficult for you to find a new place to reside. The good news is that you may have up to 60-days to find a new location before this information is made available to prospective landlords. If you want to find out what is on your rental history record (which will be checked as part of your pre-approval background check) go to RemoveEvictions.com and order a Tenant-Initiated Eviction Record/Entry Check. They will search back as far as you need (for about $10 total) to in order to see if any evictions, including this one, shows up on your record. Know this information BEFORE you go an apply for your next residence.
  6. #6
    Alaska landlord is offline Senior Member
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    There are many tenant database websites and most won't have the name you are looking for. Most landlords have their own blacklist and even share them with fellow landlords. These lists are unofficially passed around at landlord association meetings amongs friends. That website is very vague and I seriously doubt then can erase an eviction. There actually is a website called "donotrentto.com"
  7. #7
    gozing2009 is offline Junior Member
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    Wink

    My boyfriend (now ex boyfriend) used their service and they did just what I stated that they did...Tenant-Initiated Eviction Screening and negotiated with the landlord to have the matter, I believe it was 'set aside' or something like that. When they audited the entire eviction process, they found a discrepancy anyways so either way the matter would have been taken care of to our favor. Anywho, he was able to take whatever the landlord gave to him for payment of pennies on the dollar to the courthouse and get the matter taken care of. The eviction is no longer reported when a Post Process Tenant-Initiated Screen was done. So, yeah, removeevictions.com worked for us.
  8. #8
    Alaska landlord is offline Senior Member
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    Correct me if I'm worng. Are you saying that the eviction was overturned?
    Because that I can believe. But If I were to visit the court records It will still show that the landlord sued for UD. The problem with that is that most of us don't care who won the lawsuit.
  9. #9
    gozing2009 is offline Junior Member
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    Eviction Removed From Boyfriend's Record

    The initial process started with a disagreement on what was due (rent amount). His landlord attempted to raise everyone's rent by, I believe, abot $75 per month mid-month and without 30-days notice of the rent increase. He was on a regular rental agreement of a 6-month rental agreement. Most of the tenants just paid the money, some moved out at the end of the month but he stood his ground and refused to pay the increase. He, instead, paid the amount in their contract, the landlord accepted it and then 3-days later asked for the incease amount. My ex refused. The landlord filed an eviction. My ex filed his answer and responded to everything within the allotted time. Only when his court date came, his job sent him out of state. It was either miss work (and probably get fired knowing his boss at the time) or go to court. So, the landlord won on default.

    One year later, when my ex went to apply for a lease option to buy, this eviction came up and almost cost him the deal. He went back to the landlord, told him about the meticulous records that he had proving the illegalities of the whole eviction, the landlord agreed to vacate or dismiss or whatever, but he went down to the courthouse with my ex to turn in some paperwork and have the matter vacated or set aside due to 'discovery' or something. It has been a minute since this transpired, but the above amount I remember and he and I really do not talk anymore so getting information about specifics is probably out of the question; however, he is now in that same lease op so the matter was removed from his records.
  10. #10
    Alaska landlord is offline Senior Member
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    That's ok, I don't think you can answer the questions I have.

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