Tenant hasnt been home in 2 weeks

[Cuppie]

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

My tenant is 13 days late with rent, (habitually has been up to a week late each month) and HAS NOT been to the house since late November. I have 2 numbers for her, 1 is no longer working, and the other goes straight to a voicemail that has NOT been set up. I am serving a 5 day eviction notice (in LA it can be taped to door) on Monday. But my question is what do I do with her house full of stuff?? I have never encountered this issue before.

Than in advance for any help you can provide in this matter

 

[STEPHAN]

Nothing. You can serve the notice. But you can not evict. This is up to the official eviction process using the court etc.

How do you know nobody was in the house?

 

[justalayman]

the OP may not have to evict. I'm checking now but it appears LA does allow a landlord to repossess a property that has been abandoned by a tenant. I'm trying to ascertain the specifics of what defines abandonment though.

as to the issue of what to do with the personal property within. So far I have seen a statement that you are required to store it for some period of time after which you can begin a process of disposing of it. That does not necessarily mean just tossing it. disposing may refer to selling it or other actions. I am looking for this info as well.

 

[justalayman]

ok, here is a bit:

Art. 4703. Delivery or service when premises abandoned or closed, or whereabouts of tenant or occupant unknown

If the premises are abandoned or closed, or if the whereabouts of the lessee or occupant is unknown, all notices, process, pleadings, and orders required to be delivered or served on the lessee or occupant under this Title may be attached to a door of the premises, and this shall have the same effect as delivery to, or personal service on, the lessee or occupant.

I may have been incorrect concerning the eviction proceeding though. Based on the following I interpret it to mean the LL must file an eviction proceeding and if the tenant does not respond due to apparent abandonment, the LL can still be granted possession of the premises.

Rule to Show Cause
Upon filing of the petition, a rule to show cause why possession should not be delivered to the landlord will be issued to and served upon the tenant. LA. C.C.P. 4731 The date set for trial of this rule to show cause must be set at least three (3) days after service of the rule. LA.C.C.P. 4732 A If the tenant has abandoned the premises or his whereabouts are unknown, the rule to show cause may be tacked on the door of the premises, and this will be equivalent to personal service. LA. C.C.P. 4703

here is a link to a site that explains some of the process:

http://www.shreveportla.gov/index.aspx?NID=1043

 

[Cuppie]

thanks for the reply, I know she hasnt been in the home, cause the rental property is on my property (i drive by that house to get to my home) and i havent seen her since thanksgiving, and she has NOT removed the notice tacked to her door by the local police dept.

From my understanding here in LA, we do a 5 day eviction, then a 3 day eviction, then a 24 hour notice. If still no response or if they havent vacated then you go to the police jury and they issue an immediate eviction and repossesion by LL. But i have never had to take it that far before.

IF I have to put her stuff into storage, can I demand that she pay me the storage bill BEFORE i give her access to the storage unit?

wanted to add, that the courts here do not do the eviction notices and things, it is done by the Justice of the peace in the district of the rental property.

 

[LdiJ]

thanks for the reply, I know she hasnt been in the home, cause the rental property is on my property (i drive by that house to get to my home) and i havent seen her since thanksgiving, and she has NOT removed the notice tacked to her door by the local police dept.

From my understanding here in LA, we do a 5 day eviction, then a 3 day eviction, then a 24 hour notice. If still no response or if they havent vacated then you go to the police jury and they issue an immediate eviction and repossesion by LL. But i have never had to take it that far before.

IF I have to put her stuff into storage, can I demand that she pay me the storage bill BEFORE i give her access to the storage unit?

wanted to add, that the courts here do not do the eviction notices and things, it is done by the Justice of the peace in the district of the rental property.

You might want to make sure that she is not in the hospital or something like that, before you proceed. You also might want to consider whether or not she should be reported as missing. If you enter the home to make an inspection, you may be able to determine whether she left taking her clothing and other necessities, or whether it looks like nothing is really missing.

 

[TigerD]

You might want to make sure that she is not in the hospital or something like that, before you proceed. You also might want to consider whether or not she should be reported as missing. If you enter the home to make an inspection, you may be able to determine whether she left taking her clothing and other necessities, or whether it looks like nothing is really missing.

Agreed. It seems like a really good time to check the furnace filter. Don't forget to give 24 hours notice.