Evictions

1. You must provide to the defendant (person or persons you want removed) written notice allowing them five (5) days to vacate the premises before you can file your eviction with Ward 11 Justice of the Peace Court.  You can not just demand the persons to leave on the spot.  The notice to vacate form is below.  You must give advanced notice unless prior contracts state otherwise.

      A.        Do not include holidays or weekends when counting   the days;

      B.        Should you desire to "hand deliver" notice to the tenant, be sure you have a witness   present. Should you choose to "post" the notice, be sure to have a witness present. Keep a copy of the notice for yourself.  You may also video or take pictures as appropriate.

 2. If the tenant has not moved within the allotted time, you may file for an eviction. The filing procedure for the eviction suit is as follows:

•  Write a letter (Eviction Rule) directed to the Ward 11 Justice of the Peace, requesting suit be filed to evict the tenant (give the complete name of tenant) from the premises owned by you (give complete and specific address). Provide a copy of the notice to vacate you served upon the tenant.
•  Enclose $240.00 for advanced court costs ($120 for the civil suit and $30 for service of process)  in the form of personal check, cashier's check or money order made payable to the Justice of the Peace, Ward 11.  See below.

•  The Justice of the Peace's office will prepare a notice and have same served upon the tenant by the constable/ marshal/ sheriff/ or process server directing the tenant to appear in the Justice of the Peace Court, to show cause why the eviction filed by plaintiff should not be granted, and ordering the defendant to vacate said premises. (This date is approximately one (1) week from the date the suit is filed).
•  If the tenant moves before the court date, you are to contact the office of the Justice of Peace Court, to provide said notice in writing and the court date will be canceled.
•  If the tenant or possessions are still in residence, you will have to appear before the Judge at the Justice of the Peace Court.   You must bring your witness with you at the time of the hearing..

3.  If you are evicting a tenant in accordance with LSA-C.C.P. Art. 4701, you must bring the original lease when you file your eviction suit.

4.  If the tenant is still in the premises twenty-four (24) hours after you are granted the Judgment of Eviction, you may call the Justice of the Peace office and make the necessary arrangements for the Writ of Possession.

5.   Acceptance of rent after the notice to vacate has been given but before Judgment of Eviction, cancels the notice and prevents the lessor from obtaining such a judgment.

Forms are below.