Understanding Louisiana Eviction Laws
Summary
The user is facing eviction in Louisiana due to late rent and late fees. The landlord did not provide a timely notice for the late fees, and is now pressuring the user to sell their trailer to cover the arrears. The user has received a court summons and is seeking legal advice on how to handle the situation. The user has also received offers to sell the trailer, but is waiting for potential buyers to finalize the purchase. The user is advised to gather all evidence of communication with the landlord and to consider seeking legal representation.Full Conversation
Eviction
****, could you please tell me the state you're living in? This will help me provide you with the specific eviction laws applicable in your area.
Louisiana
What is the reason for your eviction? In Louisiana, landlords must provide a written notice before eviction.
Late rent but was not informed until second month
What is the duration of your lease agreement and how many days late were you in paying the rent?
In Louisiana:
- Landlords must provide a *-day notice for non-payment of rent.
- Eviction process can start if rent isn't paid within those 5 days.
In Louisiana:
- Landlords must provide a *-day notice for non-payment of rent.
- Eviction process can start if rent isn't paid within those 5 days.
1year with automatic renewal and I opted not to pay because late fees were incurred but not delivered on time
Did you receive any written notice about the late fees before you decided not to pay? In Louisiana, landlords must provide a written notice for any additional charges.
Also the landlord is trying to ma
What is the landlord trying to do? This information will help me understand your situation better.
Make me pay all costs of lot rent late fees and court prosessung fee
What is the total amount the landlord is asking you to pay?
I did not receive the arrears warning or any notice until the second month
Did you communicate with your landlord about not receiving the arrears warning or any notice until the second month?
Yes
What was the landlord's response when you communicated about not receiving the arrears warning or any notice until the second month?
Totally disregarded my complaint and is trying to force me to pay him with my home but prorate it so he loses nothing but I still have to move
What evidence do you have of your communication with the landlord about not receiving the arrears warning or any notice?
In Louisiana:
- Landlords must provide written notice for late fees.
- Communication evidence can be crucial in court.
In Louisiana:
- Landlords must provide written notice for late fees.
- Communication evidence can be crucial in court.
All paperwork sent
What type of paperwork do you have as evidence?
Notice to pay or quit
What date is on the "Notice to Pay or Quit" you received? This will help determine if the landlord followed the correct timeline.
Date received is *-* but shows *-7 month
What is the date mentioned on the "Notice to Pay or Quit" for the start of the eviction process?
That's the first one
What is the date mentioned on the "Notice to Pay or Quit" for the start of the eviction process?
*-*
What actions have you taken since receiving the "Notice to Pay or Quit" on *-*?
But I have others that are later but nouthat type of notice
What are the dates and types of the other notices you received after the "Notice to Pay or Quit"?
Monthly lot rent due plus late fees
What is the total amount of the monthly lot rent and late fees that you are being asked to pay?
Fees
What are the specific fees that your landlord is asking you to pay?
Lot rent is *$ and late fees are * I believe and the current total is *,*
What is the breakdown of the $*,* total that your landlord is asking you to pay?
4 months plus court summons fee
What is the amount of the court summons fee that is included in the $*,* total?
*
What is the date of the court summons?
Served */* and appearance on 26th
What is the location of the court where you are supposed to appear on the 26th?
Opelousas
What is the name of the court in Opelousas where you are supposed to appear?
City court of Opelousas
What is the exact address of the City Court of Opelousas where you are supposed to appear?
* E Grolee street
What is the date mentioned on the court summons for the start of the eviction process?
City Court of Opelousas: * E Grolee St, Opelousas, LA *, USA. Phone: +* *-*-*.
City Court of Opelousas: * E Grolee St, Opelousas, LA *, USA. Phone: +* *-*-*.
Opelousas *
What is the date mentioned on the court summons for the start of the eviction process?
26th
What time are you supposed to appear in court on the 26th?
*:* am
What is your plan for the court appearance on the 26th?
To appear but he said if I comply and sell him my trailer and keep arrears and he would call and cancel it supposedly
Did you agree to sell your trailer to the landlord? If so, do you have this agreement in writing?
No not for the price he is forcing me take
What price is the landlord forcing you to take for your trailer?
The price I bought it for but I have painted outside and the price was because my mother and I bought two and mine was *$
What is the current market value of your trailer?
I'm not exactly sure because it varies
Have you considered getting a professional appraisal for your trailer to determine its current market value?
Yes I tried another place but they had no to assist at the time
What is the current condition of your trailer? This can help determine its value and strengthen your case if it's in good condition.
It's relatively decent and not much to repair.
What steps have you taken to address the late rent and fees with your landlord?
I tried to pay what they were asking at the time but the manager had already took court steps
What was the landlord's response when you tried to pay the amount they were asking for?
He said he would help me sell it on *-*
What was the outcome of the landlord's offer to help you sell the trailer on *-*?
Well now he wants to buy at his cost and deduct my arrears but it seems really unfair
What is the total amount of arrears the landlord is deducting from the cost of your trailer?
*,* from *,*
What is the current status of your communication with the landlord about this issue?
He has been really pushy and has made me feel pressured but I told him I need time to think and get car running better but he is only concerned with his outcome
What steps have you taken to address the landlord's pressure and his disregard for your needs?
I haven't even mentioned it because I don't know who or where to turn to and ask flor advice
Have you considered seeking legal representation to help you navigate this situation?
Yes and this is why I'm currently on here
What steps have you taken to seek legal representation for your case?
This is first
What is the date you stopped paying rent? This will help determine if the landlord followed the correct eviction process. In Louisiana, landlords must provide a *-day notice for non-payment of rent.
I thought June was paid but he informed me July that it wasn't abd so I guess since June
Did you have any written agreement with your landlord about the late fees and the process of eviction?
My lease agreement
What does your lease agreement say about late fees and the eviction process?
I think I wrote them and told them I was not paying for late fees In which I did not know or get informed of at that date then so I kind,ve terminated it at that time
What was the landlord's response when you informed them that you were not paying the late fees and considered the lease terminated?
They continued to let fees build up
What actions did you take after you informed the landlord that you considered the lease terminated?
Been trying to sell trailer because that is all I can do
What steps have you taken to sell your trailer and have you received any offers?
Yes many offers and have posted pics on several cites
What is the highest offer you have received for your trailer?
*
What steps have you taken to communicate this offer to your landlord?
I will take but they never come back
What steps have you taken to follow up with the potential buyers who made the highest offer but didn't come back?
There's one potential that stays in contact but is waiting on $
What is the potential buyer waiting for to finalize the purchase of your trailer?
His funds
What is the timeline given by the potential buyer to finalize the purchase?
The 26th
What is your plan if the potential buyer is unable to finalize the purchase on the 26th?
I'm searching abroad
What is your plan for the court appearance if the potential buyer is unable to finalize the purchase on the 26th?
That is what I hope you can tell me
What evidence do you plan to present at the court hearing to support your case?
All
What is the nature of the evidence you plan to present at the court hearing?