Responding To An Eviction Notice

After the notice to vacate has expired, the landlord can file for an eviction in court. Once the eviction lawsuit is filed, you will be served with a court summons. You usually have to appear in court on the date set for the eviction hearing, which can be as soon as three days after the summons is served. It's important to read the summons and any accompanying documents carefully to understand the specific requirements of handling your eviction. The eviction summons will include information about where and when to appear in court and it might also provide instructions on how to file a formal written answer if required. It's crucial to act quickly given the rapid pace of eviction proceedings. 

In Louisiana, you should file your answer to an eviction notice at the court listed on the eviction summons you received. This will typically be the local or parish court that has jurisdiction over the area where the rental property is located.

If you do not file an answer or appear in court in response to an eviction notice in Louisiana, several things can happen:

1. Default Judgment: The court may issue a default judgment in favor of the landlord. This means the judge can decide the case without hearing your side, usually granting the landlord what they have requested in the eviction notice, which typically includes the right to regain possession of the property and possibly a judgment for unpaid rent and fees.

2. Eviction Order: Once a default judgment is issued, the court will typically grant an order of eviction. This order allows the landlord to regain possession of the rental unit, usually with the assistance of law enforcement, such as the sheriff's office.

3. Limited Time to Move Out: After the eviction order is issued, you will be given a short period to vacate the property. The exact time frame can vary but can begin 24 hours after the order and is generally swift. 

4. Impact on Credit and Rental History: A default judgment can affect your ability to rent in the future, as it may appear on your rental history and credit reports. This can make it more difficult to secure housing and may affect your credit score.

5. No Opportunity to Contest: By not responding, you forfeit your right to contest the eviction and to present any defenses you might have, such as proof of payment, conditions of the property, or any breaches by the landlord that might justify your actions or non-payment.

You can learn about possible defenses to stop or delay an eviction by clicking here. Tenants have several potential legal defenses against eviction. If you are considering contesting an eviction, it is crucial to present a clear and well-supported defense. 

Here are some common defenses that might be applicable:

1. Payment of Rent: If you've paid the rent that was due, and you can prove this with receipts, bank statements, or other documentation, this can be a strong defense against eviction for nonpayment.

2. Improper Notice: Landlords must follow specific procedures when issuing an eviction notice. If the notice was not given in the correct manner or did not provide the appropriate amount of time as required by law, this could be a defense.

3. Repair and Deduct: If you had previously informed the landlord about essential repairs that were needed and the landlord failed to make those repairs, you might have made the repairs yourself and deducted the cost from your rent. You'll need to show that the repairs were necessary and that you followed proper procedures in notifying the landlord.

4. Retaliatory Eviction: If you believe the eviction is in retaliation for actions you've taken that are legally protected (such as complaining to a government agency about unsafe or unhealthy living conditions), this could serve as a defense.

5. Violation of Lease Terms by the Landlord: If the landlord has failed to comply with the lease terms or violated state laws regarding tenant rights (for example, by failing to provide a habitable living environment), you might use this as part of your defense.

6. Discrimination: If the eviction is based on discriminatory reasons covered under the Fair Housing Act (such as race, religion, gender, family status, or national origin), you can contest the eviction on these grounds.

When filing an answer to an eviction notice and preparing to defend yourself in court, including relevant and compelling evidence is crucial to supporting your case. Here's a list of common types of evidence you might consider including:

1. Payment Receipts: If your eviction is due to alleged nonpayment of rent, provide receipts, bank statements, or any other documentation that proves you have made payments. Screenshots of electronic payments or cleared checks can also be useful.

2. Lease Agreement: A copy of your lease agreement should be included to reference any terms that are relevant to your defense. This can support arguments related to lease violations or terms that the landlord may have breached.

3. Communication Records: Copies of any written communication between you and the landlord or property management, such as emails, text messages, or letters, especially those related to your defense (e.g., requests for repairs, complaints about conditions, notices of intent to deduct rent for repairs).

4. Photographs and Videos: Visual evidence of the property's condition can be critical, especially if you're claiming the property was uninhabitable or that you made necessary repairs. Photos and videos should be dated or otherwise marked to prove their relevance.

5. Witness Statements: If other people have relevant information about your situation, such as neighbors who can attest to issues with the property or to your character and reliability as a tenant, their written statements can be valuable. Ensure these are signed and dated.

6. Inspection Reports: If you had the property inspected by health, safety, or building inspectors, include any reports that highlight violations or necessary repairs, especially if these issues were not addressed by the landlord.

7. Receipts for Repairs: If you made repairs after the landlord failed to do so, include receipts and any other documentation that shows the cost of repairs and the necessity of these repairs.

8. Official Notices: Any notices from government bodies or agencies that pertain to the property or your dispute with the landlord can also be powerful evidence.

9. Medical Records: If applicable, such as in cases where poor property conditions led to health issues, medical records can support claims about the severity of these conditions.

10. Bank Statements: To prove financial stability or consistency in payment patterns, bank statements might be helpful.

When compiling your evidence, organize it clearly and logically. Label everything, keep copies for your records, and present it in a way that will be understandable to the judge. Each piece of evidence should directly support specific claims made in your answer to the eviction notice.

There may be fees associated with filing an answer to an eviction notice or any other legal pleading in court. These fees can vary based on the court and the type of filing. Before filing, check with the specific court where you're required to file the answer. They can provide information on the fees. 

If you're unable to afford the filing fees, you can apply to proceed in forma pauperis. Learn about asking the court to delay paying filing fees by clicking here. 

Finding legal assistance or representation for an eviction defense in Louisiana involves several resources and strategies. Here are steps to help you locate the support you need:

• Use our Referral Navigator to find which free or reduced-cost legal service programs you might qualify for. Typically, free legal assistance is for those who qualify - typically at or below 125% of the Federal Poverty Guidelines. 

• Southeast Louisiana Legal Services (SLLS): Provides free legal aid to low-income individuals in Southeast Louisiana, including eviction defense. Through the Right to Counsel Program, SLLS provides free legal assistance to renters in New Orleans facing eviction in eviction court. Call SLLS at (504) 529-1000 extension 223. 
• Acadiana Legal Service Corporation (ALSC): Offers free legal assistance to those in need in the Acadiana region, including help with housing issues.
• If you don't qualify for free legal services you may qualify for the Modest Means Directory.
• You may be able to submit a question and get legal advice online through the Louisiana Free Legal Answers program. 
• The Louisiana State Bar Association offers a Lawyer Referral Service, which can connect you with attorneys who practice landlord-tenant law. While these services may not be free, you can often get a consultation at a reduced rate.