Rental Eviction Guide Lines

Eviction Procedure Guidelines

I.  The rental property MUST be located within Ward III, Port Allen, La.

To evict a tenant because of the termination of the lease by experation of its terms, nonpayment of rent, or for any other reason, the following is necessary.

                   A. Prepare a Notice to Vacate Premises addressed to the tenant   giving    his five (5) days to move for nonpayment of rent.

Do not include holidays or weekends when counting five days.

The Notice to Vacate Premises should not contain a specific date to  vacate but should simply state that the tenant has five (5) days from date of delivery of notice.

The Notice to Vacate Premises must be signed by you and your witness and should be handed to the tenant in front of your witness.  If the tenant is not home when you serve the Notice to Vacate Premises, either post it on the door (with your witness) or mail it to the tenant CERTIFIED MAIL-RETURN RECEIPT REQUESTED (shall be signed by lessee).

Keep a copy of the Notice to Vacate Premises for yourself. (Must be signed by you and your witness)

THE PERSON WHO ACTUALLY DELIVERED THE NOTICE OT VACATE SHOULD BE PREPARED TO PROVE SUCH DELIVERY.

 

B.  If the tenant has not moved in five (5) working days after handing, posting, or receipt date of the certified mail notice, your may file eviction. The procedure for filing an  eviction suit is as follows:

File for Eviction at Port Allen City Court, 330 S. Alexander, Port Allen, La  70767, requesting to file a suit to evict tenant (give name of tenant) from the premises owned by you at (give address).  ENCLOSE A COPY OF YOUR SIGNED NOTICE TO VACATE PREMISES. IF THE NOTICE WAS SENT BY CERTIFIED MAIL, ENCLOSE THE GREEN CARD SHOWING RECEIPT OF THE NOTICE BY THE TENANT.

Enclose $120.00 court cost for one (1) defendant (plus $45.00 for each additional defendant). Send money order or cashiers check made payable to ‘Port Allen City Court’.

This office will have notice served on the tenant by the City Marshal advising the tenant you are suing him for eviction and giving him a date to appear in court if he wishes to contest the case.  The court date will be approximately two (2) weeks from the date the suit is filed.  The court date will be given to you when you file your suit or it will be mailed to you.

If the tenant or possessions are still in the house the morning of the court hearing, you MUST appear before the judge.  Go to Port Allen City Court, 330 S. Alexander Ave, Port Allen, La  70767 and must check-in with the bailiff.  If you handed the Notice to Vacate Premises to the tenant, or posted it, you MUST bring one of your witnesses with you.  The judge will ask your witness to swear that he/she saw you hand or post the notice to the tenant.

II.  If you are evicting a tenant in accordance with LA C.C.P. Art 4701 and 47631 authorizing waiver of the “Notice to Vacate” requirement, you must bring a copy of the lease when your file your eviction.

III.  If the tenant is still one the premises twenty-four (24) hours after you are granted Judgement of Eviction, you can still call the Marshal’s Office at 346-4702 to make arrangements for the execution of the Writ of Possession.