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How much time for an eviction?

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L

LCastro

Guest
What is the name of your state? Louisiana


My landlord is telling me that I have 1 week to get out once he serves eviction. I don't know much about this but I've been told that I should at least get 14 to 30 days. Especially since I have a newborn and a 4 year old.

What holds true with this? 7, 14 or 30 days? The reason for eviction is non-payment of rent.. Reason for non-payment is because there are serious repairs that need to be made and he hasn't bothered fixing them with numerous notices.. I advised him that I would make the repairs and deduct it from the rent. He said I would be evicted if I did that as well..And I know the offer I made is legal correct?

thanks..
 


FarmerJ

Senior Member
you have looked in your state govt web page for landlord tenant havent you ? did the notice he sent you give you a option to pay up ? In some states it is called a notice to quit and it gives you the option of moving out before it gets into housing court or paying up . SO if you pay up . perhaps the thing to do is call a city inspector and If they issue work orders of course he will have to comply sooner or later . BUT beware If you go that route your LL could not renew lease Or and make you move out at lease end Or If you are a month to month renter he may give notice to vacate sooner .
 
D

dumboo

Guest
L castro you have things all azzz backwards...

First do you have a lease? If not then the landlord or you can give each other 30 days to get out,

If you have a lease, you need to verify in writing and with pictures the needed repairs before you withold the rent.

If the repairs are serious you can deduct from the rent.

So the proof is in the DETAILS which you must prove before you think you can win.

Also the landlord can demand you pay up or get out, if you dont then he has to file for eviction in court and then you can tell the judge and show with pictures what is needed....then let a judge decide.

Now no one cares if you have a newborn child, ts NOT IMPORTANT....understand this fact, BABIES are NOT important.....

What IS important is If you have a lease, NOT month to month....

Get that through once and for all, Having a lease in America gives you far more rights to demand things from a lanldord, Month to month means just that MONTH TO MONTH. IF you dont like it get out! newborn kids dont matter!
 
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L

LCastro

Guest
You're rude ass comments weren't necessary. No need to be an ******* with your reply.


However, our lease expired 2 months ago. We were told by the landlord that we could renew our lease if we wanted to. He still has NOT brought out another lease nor has he fixed any of the damages which include the tiling around our bathtub falling out, a bubble in the bathroom ceiling from where water keeps leaking through from the top apartment, and a hole in the sheet rock from where plumbers had to fix the pipes for the AC unit to drain properly. Before this was fixed we went an entire month with our carpet soaking wet.. There is mold in the carpet padding, he's not willing to replace it. There is mold around the hole in the wall from everything being wet.. All he wants to do with that is put a piece of plywood over it..

We have pictures of everything for proof.


First do you have a lease? If not then the landlord or you can give each other 30 days to get out.
So, without a lease we should have 30 days to get out regardless of paying the rent or not?
 
V

Votan

Guest
The eviction procedure varies with the parishes. Which parish you are living?

You said your lease expired two months ago. Does the lease provide that at the end of the term it is renewed automatically on a month to month basis?

What does the lease say about repairs? standard lease includes a provision that you cannot fix anything on your own. You should notify lessor in writing about the things that need to be fixed. Lessor must repair the damaged things within a reasonable time. For instance, one week should be reasonble time. One month is not and lessor is technically in violation of his contract, the lease. If this is your case, do not stop payment. Send him a notice, by hand (make sure you have a witness) and a copy by certified mail giving him five days to fix the damages and stress that if he doesn't you will hire someone to fix it and decuct the repair expenses from the rent. If he tries to block your way, get documented by video and witnesses, then stop payment. He will have to serve you a notice to vacate the apartment.

Lessor cannot evict you by himself. He will have to get an order of the court. (this procedure varies from parish to parish). The court will send you a notice to appear before a judge and show good cause why you should not be evicted. The apearance before a judge is mandatory in LA, check Code of Civil Procedure (CCP) Articles 4701 and 4731.

When this happens, go to the court as instructed by the notice from the court, not from lessor. Bring with you the lease (make a copy of it), the notice to repair the damages showing the date when you served it upon him, or his manager (make a copy of it), the pictures of the damages (make a copy for yourself and a copy for the judge), a copy of the notice to repair giving lessor 5 days to fix the damages (keep a copy for yourself), copies of the receipts (keep the originals to yourself) showing payments to the repairman, make sure that all costs are itemized and the date of the repairs. Bring with you your witnesses and a video if any.

The standard lease contains a provision that you will have to pay attorneys fees and court cost to lessor. This provision is valid in case lessor is definding his right. Don't leave the court without requesting from the judge to order lessor not to harasse you to pay him his legal expense. Your case is to defend your right not lessor's right.

If you are well documented, you could request from the judge to order lessor to pay you punitive damage. You may get some. Lessor cannot evict you because you requested from him to repair the damages. He becomes liable for retaliatory eviction. Call this number: 225-342-9763 in the Justice Department. Explain your situation. You may get the help you need.

If you have to go to the court, make sure you bring Revised Statute (RS) title 51, section 2602 to the attention of the judge. Read that title before you cite it to the judge. He might ask you what is this about. Bring a copy of it with you.

Good luck.
 
L

LCastro

Guest
I live in Jefferson Parish by the way..


Metairie, Louisiana
 
V

Votan

Guest
Typo error: RS.51:51 in the original post should be RS.51:2602

Addendum: if you go to the court and judge asks you why you stopped payment, tell the judge that the money is needed to pay repairman.
 
L

LCastro

Guest
Looks like he's trying to go about this the non-legal way. He served eviction WITHOUT going through the courts.. Handed me a typed paper that he did himself.

I don't know if we should leave, or fight it till we are forced out by a court of law.

Thanks for all the information, I'm sure it will be needed!
 
V

Votan

Guest
I know in EBRP the city court requires to fill out a form 39, he has to send it to you by certified mail, or if he posted it on your door he must do it with a witness. Make sure there was a witness. Make sure this is what is required in your parish. Place a call or go yourself to the city court and ask them what is needed for the eviction to be legal. I haven't looked at the court of JP, the court must have a web site and the instructions for an eviction order should be there.

If you are documented, you might fight it. To fight it or not fight it is up to you. The court procedure must be in compliance with CCP, the same in all courts in LA.
 
S

soldierboyzzz

Guest
The landlord has not evcited you, it is just the first step in the evcition process.

The landlord has demanded you pay the rent or get out. If you dont get out in 7 days then he can file for formal evciton in court.

Also you are entitled to a 30 day notice to vacate IF the rent was paid in full. Since it was not, the landlord is trying to cut his losses and is asking for you to leave in 7 days.

Which is being very fair.

Now what if you went to court? Without a lease the judge might ask, why dont you leave if its so bad? Secondly if you did go to trial and won what would you gain? maybe a rent reduction? but it still goes back to having no lease. THEN maybe you can ask the judge for more time to move since you have a newborn child.

And what if you lost? If you dont have ALL the money to pay the landlord right there on the spot, do you think a judge is going to let you stay any longer and keep running up the debt you owe the landlord? I doubt it, the judge will order the sherriff to remove you in probably 3 days.
 
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L

LCastro

Guest
He's given me 5 days to do it..

From what I've been looking into and told, he must have the constable deliver the eviction notice, at that time a date for me to leave will be given to me.

5 days is hardly enough time to find another place. Most places don't let you move in till the 1st of the month...
 
V

Votan

Guest
Rereading your original post, I gather that you did not pay the rent after several notices to landlord to do the repairs.

- If these notices were in writing and you kept copies for yourself,

and

-if he does not deny it,

or

-if he denies it but you have a witness to testify that you delivered these noticies to him, or to his manager,

and

-if you told him that you will fix them if he does not do it,

then the month-to-month rent becomes irrelevant and he is liable for retaliatory eviction. The rent that you have not paid use it to do the repairs and for nothing else, and resume paying after you cover all the expenses of the repairs. Landlord must have breached his contract (the lease) unless there are no provisions in the lease that requires landlord to do any repairs. The month-to-month lease is nevertheless a lease its term is one month.

If the month-to-month lease is oral and not an extension to the expired written lease, then your case that he is required to do the repairs is blurred. It may not stand a pleading in small claims court, but you could argue it in the city court on the basis that doing repairs of natural tears and aging of property is implied. You have to keep in mind that most small claims court decisions are final and not subject to appeal. Judges in this case lean toward their constituents, landlords are always there, tenants are not. City court decision can be appealed from and judges don't appreciate their decisions being reversed.

It the month-to-month lease is an extension to the expired lease, each one-month term is a new lease subject to the terms of the expired lease. So read the original lease carefully to see what is in there. If it is the standard form adopted most places in LA, then chances are landlord is required to do the repairs in a reasonable time after the first notice. If he doesn't he's breached his contract with tenant.

It seems like your landlord is liable for: (1) breach of contract, (2) retaliatory eviction, (3) willful negligence, (4) threat, (5) possible tort. He should be in serious trouble if the case goes to a higher court.

I want to emphasize that I am neither encouraging to nor discouraging you from fighting your case. That's your decision. If you choose to go to the court, chances are landlord will file his complaint in the small claims court where he should feel more comfortable arguing his case against you. If this happens, make a request from the clerk of the court to transfer the case to the upper court. It is unlikely you could do it there by yourself. You will need a ferocious and honest attorney with no less than five years experience. You should understand that you have a big case. A small attorney cannot handle it. Bigger lawyers cost more. Be informed about your options and make your own decision and make it wisely.
 
S

soldierboyzzz

Guest
t seems like your landlord is liable for: (1) breach of contract, (2) retaliatory eviction, (3) willful negligence, (4) threat, (5) possible tort. He should be in serious trouble if the case goes to a higher court
----------------------

The landlord is guilty of only one thing, being MAD the rent hasnt been paid ontime.

Unless Lcastro is living in a dump thats ready to be condemned there is not much you can do without a lease. The landlord is not retalliating, he's just giving notice that the rent is not paid and expects them to get out.

If you had a lease you would be in a much stronger position to demand the landlord fix or repair the premisis OR let us out of the lease without any penalaties. Being month to month means just that month to month, i cant fathom why a judge would allow them to stay and run up their debt.

Just remember to have all the money you owe in your pocket in CASH when you go to court, then if you lose you might be able to bargain for an extention of time to find a new place to live.

======

And dont forget, you are a big RED FLAG to a prospective landlord....i gotta movin fast like today...a landlord knows you are probably stiffing the last landlord if you have to move in right NOW!


So considering the alternatives, why not just pay the landlord the rent and get a reciept that you are fully paid up, then the evcition notice is voided. At least he cant give you a 30 day notice till Oct 1st, so you know if you pay Octobers rent you will have a place to live until oct 31st...
 
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V

Votan

Guest
" Being month to month means just that month to month, i cant fathom why a judge would allow them to stay and run up their debt. "
-------------------------

Month-to-month is a lease. If written then the conditiond of the contract applies. The judge cannot deny a person to have housing whenever it is vailable in LA. If any landlord denies her rent because of this incident he is liable for violating Revised Statute 51. That's why landlord cannot evict her if she wants to stick there. The nonpayment of the rent was interrupted as a result of landlord breach of his contract, apparently (I do not want to speculate) and it is used to pay for the repairs he is obliged to do in the first place (if that is the case) whatever the length of the lease may be, one month or longer. Based on the one side story, yes landlord is liable for the things I cited earlier. She should be able to determine that from the facts she knows. It is more constructive to help her learning what are her options and abstain from telling her what you would want her to do. Case close on my part.
 

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