Evictions

In Louisiana, a "for cause eviction" happens when a tenant breaks the rules of their lease. The rules can be different for each lease.

Here are some common reasons a landlord might evict a tenant for breaking the rules of their lease:

1. Not Paying Rent: If a tenant doesn't pay rent on time, the landlord can evict them.

2. Damage to the Property: A tenant may cause normal wear and tear to the property. If it's more serious damage then a landlord can evict them. This includes both accidental and intentional damage.

3. Unauthorized Tenants or Pets: The lease may say if only certain people can live in the home. It may have a no-pet rule. Tenants who let others live there or keep pets can get evicted.

4. Illegal or Disturbing Activities: If a tenant does illegal things they can get evicted. This could include selling drugs or causing problems like making too much noise. 

5. Not Keeping the Property Clean: Tenants must keep the property clean and safe. If they don't, creating health or safety risks, they can get evicted.

6. Breaking Specific Lease Rules: Each lease may have specific rules rules. This might be like no smoking in a non-smoking property. Breaking these rules can lead to eviction.

7. Changes to the Property: A tenant should get a landlord's permission if they want to make changes. This might include painting or adding new fixtures. Unauthorized changes might lead to eviction.

Yes, not paying rent is a common and legal reason for eviction in Louisiana. Here's how it usually works:

1. Notice Period: First, the landlord must give the tenant a written notice. In Louisiana, this notice is a 5-day warning to vacate the property due to unpaid rent. It tells the tenant they need to pay the overdue rent or move out.

2. Opportunity to Pay: During these 5 days, the tenant can pay the overdue rent to avoid eviction. If they pay the full amount, they can stay in the property. The landlord is not required to accept late payments.

3. Filing an Eviction Lawsuit: A tenant has five days to try to pay the overdue rent to avoid eviction. After 5 days, the landlord can file an eviction lawsuit in court.

4. Defenses to Eviction: The tenant may have a defense to the eviction. For more information, see Defenses to Stop or Delay an Eviction. The tenant can file a verified "Answer to Eviction." For more information, see Responding to An Eviction Notice. 

5. Court Hearing: The court hearing happens where the landlord and the tenant can speak to the court. The tenants can defend themselves if they think the eviction is unfair or if they have proof of payment.

6. Judgment and Writ of Possession: If the court sides with the landlord, it will issue a judgment for eviction. The court will also issue a "writ of possession," allowing the landlord to take back the property.

7. Eviction by Law Enforcement: The writ of possession lets law enforcement officers remove the tenant from the property if they haven’t left by the date specified.

Damage to property means any serious harm or changes to rental property. It is more than normal wear and tear. This damage can lead to eviction. The law doesn't define property damage in a specific way. It usually includes actions by the tenant to harm the property. This harm would need repairs or replacements beyond regular upkeep.

Key Points to Understand:

1. Normal Wear and Tear vs. Property Damage:
   • Normal Wear and Tear: This is the expected aging of the property from everyday use. Examples include minor scuffs on walls, worn-out carpets from walking and fading paint.
   • Property Damage: This is serious harm not caused by ordinary use. Damage caused on purpose or by being careless can lead to eviction. This includes holes in walls, broken windows, or major water damage that the tenant caused.
2. Eviction Process for Property Damage:
   • To evict a tenant for property damage, the landlord must usually give written notice. This notice explains the damage and the tenant’s responsibility. It might offer the tenant a chance to fix the damage or pay for it to avoid eviction. If the problem isn't fixed, the landlord can file an eviction lawsuit.
3. Security Deposits:
   • Landlords might use the tenant's security deposit to pay for repairs.
   • A landlord must follow the process the deduct from the security deposit. For more details, visit How To Get Your Security Deposit Back.

Some tenant actions lead to "immediate cause" for eviction. landlords must still follow legal procedures and eviction steps. Immediate-cause evictions are for serious issues. These issues may put the property, other residents, or the community at risk.

Behaviors Leading to Immediate Eviction:

1. Illegal Activities:
   • A tenant who engages in illegal activities on the property can get evicted. This includes things like making or selling drugs or committing other crimes.
2. Severe Property Damage:
   • A tenant can get evicted if they cause major damage to the property. This may be on purpose or accidental. It does not include normal wear and tear or minor damage.
3. Threats or Violence:
   • A tenant who engages in physical violence, threats, or any behavior can get evicted. Usually, this happens when the behavior creates an immediate and serious safety risk.
4. Serious Lease Violations:
   • A tenant who breaks major lease rules can get evicted. This might include unauthorized subletting or having pets when they aren't allowed.

A "for cause" eviction involves several steps to protect landlord and tenant rights. The process usually involves the key stages:

1. Lease Violation Identification:
   • The landlord must first identify a violation of the lease agreement. This could be for non-payment of rent, damage to the property, or extra people living there who aren't on the lease.
2. Notice To Vacate: 
   • For most "for cause" evictions landlords must provide the tenant with a written notice. This must go to the tenant before the landlord can file an eviction in court.
   • The notice must state the reason for eviction. It may offer the tenant time to remedy the violation. For example, paying overdue rent.
3. Filing An Eviction Lawsuit: 
   • If the violation is not resolved or the tenant doesn't move, the landlord can file an eviction lawsuit. The landlord files papers called a "Rule for Possession" with the appropriate court.
   • A tenant has the opportunity to respond to the eviction lawsuit when they get notice. For more information, see Responding To An Eviction Notice.
4. Court Hearing
   • The court hearing can be scheduled as soon as 3 days after the tenant gets notice.
   • The tenant and the landlord get the opportunity to present their case at a hearing.
   • The tenant can present and argue their defenses. For more information, see Defenses To Stop Or Delay An Eviction.
5. Judgment and Writ Of Possession
   • If the court rules in favor of the landlord, the eviction gets ordered by the court.
   • A "Writ of Possession" goes out to the sheriff to give them the right to remove the tenant from the property.
   • The tenant usually has a short period (around 24 hours) to vacate the premises. Otherwise, the sheriff removes the tenant.

Yes, a tenant can challenge a "for-cause" eviction in Louisiana. Here's a step-by-step guide on how tenants can contest an eviction:

1. Review the Eviction Notice

   • Understand the Grounds: Read the eviction notice to understand the reason for eviction.

   • Proper Service: Check if the notice was served by proper means under Louisiana law. Improper service can be a reason to challenge the eviction.

   • Lease Agreement: Ensure your lease doesn't waive your right to a notice to vacate.

2. Cure the Violation (If Possible)

   • Fix the Issue: If the eviction is for something that can be fixed, you might be able to stop the eviction. You can correct the problem like paying unpaid rent.

   • Landlord's Choice: Note that the landlord is not required to allow you to fix the violation or pay.

3. Prepare to Contest the Eviction:

   • Gather Evidence: Collect evidence that supports your case, such as:

     • Payment receipts,

     • Communication records with the landlord,

     • Photographs of the property,

     • Any other relevant documents.

   • For more information, see Defenses To Stop or Delay An Eviction. 

   • Prepare An Answer: For more information, see Responding to An Eviction Notice. 

4. Attend the Court Hearing

   • Present Your Case: You have the right to attend the eviction hearing and present your defense.

5. Seek Legal Help

   • Get help from a lawyer specializing in landlord-tenant law. They can provide advice and represent you in court. For more information, see Finding and Hiring a Lawyer. 

The landlord must follow legal procedures to deal with a tenant who refuses to leave. Here's what usually happens:

1. Writ of Possession

• A "Writ of Possession" may be requested after an eviction judgment from the court.

• The "Writ of Possession" directs the sheriff to remove the tenant from the property.

2. Notice of the Writ of Possession

• Once the writ gets issued usually the tenant gets a final notice. The notice usually gives them 24 to 48 hours to leave.

3. Law Enforcement Intervention

• When the tenant doesn't leave after notice, the sheriff will go to the property. They will remove the tenant and allow the landlord to reclaim possession.

4. Removal of Belongings

• It depends based on local law what happens with a tenant's belongings.

• Some laws direct a landlord to store the tenant's belongings for some time for the tenant to get them.

5. Potential Legal and Financial Consequences for the Tenant

• Further legal and financial consequences may happen for a tenant who doesn't leave.

• Tenants could be liable for costs associated with the eviction process. For example, storage fees for their belongings.

A for-cause eviction in Louisiana can make it harder for a tenant to find new housing in the future. Background checks include rental history, credit reports, and court records.

Here's how a for-cause eviction can impact a tenant's ability to rent again:

1. Rental History and Background Checks

• Eviction Records: An eviction can stay on your record for up to seven years. A landlord may see this on your background check and may not rent to you.

• Credit Reports: An eviction judgment for unpaid rent or damages can show up on credit reports. Landlords may have potential tenants pass credit checks. They may not rent to tenants with low credit scores or negative marks.

2. Reference Checks

• Negative References: Future landlords often contact previous landlords for references. A previous landlord may give a negative reference in an eviction situation.

3. Application Processes

• Disclosure of Evictions: Many rental applications ask about past evictions. Lying on an application can lead to automatic disqualification.

4. Security Deposits

• Higher Security Deposits: The landlord may ask for a higher security deposit. Someone with an eviction history may have to pay a higher security deposit to rent. They may also agree to pay pre-paid rent.

5. Limited Housing Options

• Less Desirable Properties: You may have less choice if you have an eviction on your record. The properties are often in less desirable locations or conditions.

No-cause evictions happen when the landlord ends a rental agreement. It happens when there isn't a specific reason for ending the lease.

No-cause evictions usually happen in month-to-month agreements. Either the landlord or the tenant can end the agreement without giving a reason. This can happen with the proper notice required by Louisiana law. Usually, this is 10 days before the monthly rental period.

For fixed-term leases, like a one-year lease, no-cause evictions are rare. They can happen when the lease says the landlord can end it early without a reason. It may also happen when the lease term is over and the landlord decides not to renew it.

In Louisiana, no-cause evictions usually apply to month-to-month rentals. In these cases, either the landlord or the tenant can end the lease without giving a reason. They need to give written notice 10 days before the end of the month unless the lease says otherwise.

In fixed-term leases, such as a one-year lease, no-cause evictions are rare. They usually don't work the same way as month-to-month rentals. Fixed-term leases may have specific terms about how long the rental lasts and how to end it. Both the landlord and the tenant must follow the lease terms for the entire period agreed upon.

A no-cause eviction notice should generally include the following:

1. Identification of the Tenants

2. Property Address

3. Notice of the Lease Termination

4. Date of the Termination

5. The Date the notice gets delivered

6. Signatures

7. Instructions for vacating the property

8. It's not required but generally is good practice to include tenant rights information. This includes information like the right to find a lawyer. 

Here are the key rights tenants have upon receiving a no-cause eviction notice:

1. Right to Adequate Notice

   • Tenants must receive proper notice before they have to leave the property. The notice is usually 10 days before the end of the rental period for month-to-month rentals. The notice may be 30 days before the end of the rental period for year-long rentals. A lease may say a different time for notice. This gives tenants time to find new housing and prepare for the move.

2. Right to Occupy Until the Notice Period Expires

   • Tenants cannot get removed from the property by force and without the proper legal steps.

3. Right to Answer and Dispute the Eviction in Court

   • Tenants can file an answer with their defenses if they get eviction papers served to them. For more information, see Defenses To Stop or Delay An Eviction. 

   • Tenants have the right to defend themselves and dispute the eviction in court. For more information, see Responding to An Eviction Notice. 

4. Right to a Habitable Living Environment

   • Tenants have the right to live in a safe and habitable environment until they move out. Landlords must make necessary repairs. They must maintain the property to health and safety standards.

   • For more information, see What Can I Do When My Landlord Won’t Make Repairs. 

5. Right to the Return of Security Deposit

   • Tenants may get their security deposit back from their landlord. The landlord may take out lawful deductions for damages beyond normal wear and tear. They may also deduct for unpaid rent.

   • Landlords must return the security deposit or provide the deductions as a list. This must be returned to the tenant one month after the lease ends.

   • For more information, see How To Get Your Security Deposit Back. 

6. Right to Privacy

   • Landlords can't enter the property unless it's an emergency. The lease may also have rules about how the landlord can enter the property. Usually, they have to give 24 hours notice.

   • For more information, see Landlord Access To A Rental. 

7. Protection Against Retaliatory Eviction

   • A no-cause eviction doesn't need a reason. Tenants are still protected against retaliatory evictions. For example, tenants who get evicted when they exercise their legal rights. For more information, see Defenses To Stop or Delay An Eviction. 

8. Right to Legal Representation

   • Tenants have the right to hire an attorney to help with eviction disputes. Low-income tenants may qualify for help from legal aid organizations. For more information, see Finding and Hiring a Lawyer. 

A tenant can still challenge a no-cause eviction in Louisiana. The grounds for challenging these evictions may be more limited than other evictions.

Here are some options where a tenant might challenge a no-cause eviction:

1. Improper Notice

   • The landlord must provide proper notice or the tenant can challenge the eviction.

   • For month-to-month rentals, the law usually requires a 10-day notice.

   • For year-long rentals, the law usually requires a 30-day notice.

   • The lease may state a different notice period or waive the notice period.

2. Discrimination

   • Tenants can challenge an eviction if it is discriminatory. Federal and state laws prohibit eviction based on discrimination.

3. Retaliation

   • Tenants can challenge a retaliatory eviction. A tenant may have complained about a building's conditions and get evicted. A tenant can challenge the eviction if they are asserting their rights.

The Process to Challenge a No-Cause Eviction:

1. First, review the eviction notice

   • Ensure the notice meets all legal requirements. This includes the proper notice period and method.

2. Next, gather evidence

   • Collect anything that supports your case and helps your defense. This includes things like records of timely rental payments or communications.

3. Third, respond with a formal response

   • You can challenge the eviction by filing a formal response with the court. For more information, see Responding to An Eviction Notice. 

   • You must also appear in court to present your case with your defenses. For more information, see Defenses To Stop or Delay An Eviction. 

4. Seek Legal Advice

   • Find a lawyer to determine your best course of action and help you with your case. For more information, see Finding and Hiring a Lawyer. 

Even in a no-cause eviction, a tenant may refuse to leave after the notice period. Here is a detailed overview of what usually happens:

1. Filing an Eviction Lawsuit

   • The landlord cannot use force to remove the tenant themselves. Instead, they must file an eviction lawsuit in court. This legal action is the formal process to seek a court order for eviction.

2. Answer and Court Hearing

   • The landlord and the tenant will be notified of a court hearing date.

   • The tenant has the opportunity to file an answer before the court hearing. For more information, see Responding to An Eviction Notice. 

   • At the court hearing, both parties have the opportunity to present their case. For more information, see Defenses To Stop or Delay An Eviction. 

3. Court Judgment

   • If the court rules in favor of the landlord, it will issue a judgment for eviction.

   • The judgment gives the landlord the right to regain possession of the property. It usually has the date by which the tenant must leave.

4. Issuance of a Writ of Possession

   • A landlord can request a "Writ of Possession" when the tenant doesn't leave by the date in the judgment.

   • The writ is a legal document that allows the sheriff to remove the tenant from the property.

5. Execution of the Writ of Possession

   • The sheriff serves the writ to the tenant. This gives them a final short period to vacate. This can be as little as 24-48 hours. Officers can physically remove the tenant and their possessions with the writ.

A no-cause eviction can still impact the ability of a tenant to rent in the future. The effects of a no-cause eviction may be less severe. Here's how a no-cause eviction might affect a tenant's ability to rent in the future:

1. Public Records

   • Even a no-cause eviction can get recorded in public records. Future landlords might see an eviction on the record and fear potential issues.

2. Credit Reports

   • Usually, a no-cause eviction itself doesn't affect a credit score. Unpaid rent or a judgment for eviction costs can negatively impact credit reports.

Tenants may try to explain to eviction situation to their landlord. A tenant can explain it was a no-cause eviction and was not the problem of unpaid rent or lease violations. Tenants may also provide references from previous landlords to help explain the situation.

A tenant can try to dispute any errors in public records or credit reports. For more information, see How To Dispute Errors On Tenant Screening Records. 

Here's what tenants need to know about their rights regarding security deposits:

1. Right to a Refund of the Security Deposit

   • Tenants have rights to their security deposit like any other end-of-tenancy situation.

   • For more information, see How To Get Your Security Deposit Back. 

2. Refund Timing

   • Landlords must return the security deposit within one month. Otherwise, the tenant may get an itemized statement with a list of deductions.

3. Deductions from the Security Deposit

   • Landlords can make deductions from the security deposit for:

     • Unpaid rent

     • Damages beyond normal wear and tear

     • Cleaning to return the property to its' original condition

     • Other breaches of the lease agreement

4. Itemized Statement

   • Landlords must provide an itemized statement to the tenant within one month. The statement should list the reasons for and amounts of each deduction. Any remaining part of the security deposit should be sent with the statement.

5. Disputing Deductions

   • A tenant may disagree with the deductions made from their security deposit. First, a tenant should try to talk to the landlord to find a solution. If the dispute can't be resolved, then the tenant may pursue legal action, such as small claims court.

   • For more information, see Small Claims Lawsuits. 

Usually, the process begins when the landlord provides the tenant with a notice to vacate. The notice to vacate gives the reason for eviction and the time frame to leave.

Check your lease to see if there is any waiver to give a notice to vacate. The landlord can start the eviction process in court if there is a waiver.

First, a tenant gets a notice telling them to leave the property for different reasons. The lease may waive this. The landlord can start the official eviction process when the tenant doesn't leave. This begins with the landlord filing a rule for possession in court. This rule is a formal request to evict the tenant.

The rule for possession must explain the reasons for eviction. They must be the same as in the original notice to vacate. A tenant might have a defense if it's different. For more information, see Defenses To Stop or Delay An Eviction. 

The court will then order the tenant to respond to the rule for possession and explain why they should stay.

A sheriff, marshall, or constable delivers the rule for possession to the tenant. They can do this by posting it on the property or by mail, making sure the tenant knows about the court process.

The court cannot schedule the hearing until at least 3 days after the tenant gets the rule. This gives the tenant a short time to prepare their defense. For more information, see Defenses To Stop or Delay An Eviction. 

Follow these steps to prepare an answer with your defenses to the eviction:

1. Look for the Reasons for Eviction: Look at the notice and the rule for possession you received. These will tell you why you are getting evicted. This may include not paying rent or breaking your lease.

2. Find Your Defenses: Figure out what defenses you can use based on why you are being evicted. For more information, see Defenses To Stop or Delay An Eviction. 

3. Prepare Your Answer: Write your response to the eviction notice. Include your defenses and sign a notarized affidavit saying your statements are true. Deny any incorrect claims made by your landlord. Include all relevant details like dates, receipts, and communications to support your case. Do not sign your answer until you bring it to a notary. For more information, see Responding to An Eviction Notice. 

4. Find a Notary: Sign your document in front of a notary public who will verify your identity and signature.

5. File Your Answer: Bring your verified answer to the court and file it with the Clerk of Court. You may have to pay filing fees. Check with the Clerk of Court to determine your filing fee. For more information, see Court Costs and Fees. If you can't afford the filing fee, ask about proceeding in forma pauperis, which means you don't have to pay fees upfront. For more information about proceeding without paying court costs in advance, see Asking the Court For a Fee Delayer Application - In Forma Pauper (IFP).

Other Information

• If you want to try to stay in your home if you appeal the eviction you must file an answer. Without an answer, you can still appeal, but you will have to move out.

• You may try to find a lawyer who specializes in landlord-tenant law to help you prepare your defenses. For more information, see Finding and Hiring a Lawyer. 

Both parties present their case in court at a Rule to Show Cause or Summary Proceeding. These proceedings are usually faster and less formal than regular legal processes.

Landlords must prove their case for eviction. This includes showing that the landlord and tenant have a rental agreement. The landlord must explain why the tenant should get evicted. The landlord must also prove that they told the tenant about the eviction by proper means.

When you go to court, you can present your defenses. Bring any witnesses who can support your case. You can also bring evidence such as:

• Payment records

• Communication or messages with the landlord

• Photos of the condition of the place

• Any other documents that help your defense

In Louisiana, eviction cases do not have jury trials.

When a tenant does not respond or show up for trial, they can lose by default. The court may order an eviction with short notice for the tenant to leave.

If the court decides the landlord is right, they will give an eviction order right away after the trial. This order gets written down by the court to make it official.

Sometimes, the tenant and landlord may come to a mutual agreement before the trial starts or ends.

The tenant will receive notice about the court's decision. The order will explain what the court's decision is, what it means, and your rights. This includes the right to appeal.

If you respond to the eviction notice, you can stop an eviction by appealing within 24 hours. To do this, you need to pay an appeal bond, which is usually one month's rent but can be more. This bond protects the landlord if your appeal doesn't work out. A higher court will then look at your case to see if the first judge was right. If you appeal and pay the bond on time, you can stay in your home until the higher court makes its decision.

If the court rules against a tenant, then they must leave the property with their belongings. They must also make sure anyone else living there moves too.

The police may remove the tenant from the property if they don't leave after a court rules against them. Usually, this starts when a tenant doesn't leave 24 hours after the eviction judgment.

The court gives out a special warrant to carry out an eviction. The warrant allows law enforcement to enforce the eviction. These officers can use force if needed to open doors and windows. They also have the power to take and sell the tenant's belongings to pay for the eviction costs.

Subsidized housing evictions follow both state and federal rules. This often gives tenants more protection than regular private rental housing. Here's an explanation of how evictions work in subsidized housing in Louisiana:

1. Reasons for Eviction

   1. Breaking lease rules

      • Evictions occur when there are serious lease violations such as not paying rent.

   2. Breaking program rules

      • Tenants must follow program rules. For example, a tenant must report changes in income or household size.

2. Notice Requirements

   • Proper notice

     • Landlords must give tenants proper notice before starting eviction. This notice explains why the eviction is happening and may allow the tenant to fix the problem.

     • Tenants in subsidized housing may have a longer notice period to solve the issue or get legal help.

3. Legal Process

   • Landlords must use the court system to evict a tenant. Without a court order, they can't force tenants out or remove their belongings.

4. Legal Defenses

   • Tenants can defend themselves in court. They can show that the landlord didn't follow the rules or that eviction reasons are invalid. For more information, see Defenses To Stop or Delay An Eviction. 

Special Considerations

• Reasonable Accommodations:

  • Tenants with disabilities can ask for changes to the lease or policies to avoid eviction. For more information, see Reasonable Accommodation Disability Defenses Against Eviction. 

• Domestic Violence Protections:

  • The Violence Against Women Act (VAWA) protects those in domestic violence situations. This is applied in subsidized public housing situations. For more information, see Housing Law Protections for Domestic Violence Victims. 

Get Help:

• Tenants facing eviction may get help from legal aid organizations or lawyers who know subsidized housing laws.

• They can also contact the housing authority or the agency managing their housing for support and advice. 

• For more information, see Finding and Hiring a Lawyer. 

The eviction process can change to protect tenants during emergencies or disasters. These changes help prevent homelessness and keep people safe in their homes. Here's how evictions might change during emergencies:

1. Stopping Evictions During the Disaster

   • The government might stop evictions for a while. Landlords may not start eviction processes if tenants can't pay rent.

   • The duration and type of evictions it covers depend on what the government decides.

2. Longer Notice Times

   • Emergency rules can give tenants more time before a landlord can start an eviction. This gives tenants more time to find a new place or pay overdue rent.

3. Waiving Late Fees

   • Emergency rules may allow tenants to avoid late charges for missed rental payments. This helps tenants avoid more financial trouble in a disaster.

4. Court Delays

   • Emergencies or disasters might close courts or slow down their operations.

5. Extra Protections for Tenants

   • Utility Protections: Rules may stop utility companies from shutting off services. During a disaster utility companies may have to provide water and electricity.

   • Rental Help: The government may help pay rent during a disaster. This financial aid can help tenants avoid eviction.

For more information, visit Disaster Relief or Housing After A Disaster.

Federal law protects elderly or disabled tenants. Here's what elderly or disabled tenants need to know:

• Federal Protections

  • Fair Housing Act (FHA): This law protects tenants from discrimination based on disability. It also protects tenants from discrimination based on age.

  • Americans with Disabilities Act (ADA): This law helps ensure accessible housing.

  • Section 504 of the Rehabilitation Act: This is for any program that gets federal money. Federal programs must accommodate disabled tenants.

There are some state protections for elderly or disabled tenants. Here's what you need to know:

• State Anti-Discrimination Laws

  • Louisiana has its laws to prevent discrimination in housing. Landlords can't evict tenants because of age or disability.

• Legal Help: Lawyers can guide, represent, and negotiate for tenants in court. For more information, see Finding and Hiring a Lawyer. 

Practical Considerations

• Reasonable Accommodations: Disabled tenants can ask for reasonable changes that might affect eviction. For example, if a disability causes behavior leading to eviction, the tenant can request an accommodation to address the issue. Learn more by visiting Reasonable Accommodation Disability Defenses Against Eviction. 

• Eviction Notices: All types of tenants should get notice before eviction. Some situations in a lease allow the landlord to skip giving notice. 

State and federal laws give special protections to military personnel against eviction. The Servicemembers Civil Relief Act (SCRA) provides these protections. Here’s what military personnel need to know about eviction protections:

1. Eviction Protection

   • Rent Limits: A landlord needs a court order to evict a service member who rents a home for $4,676.24 or less per month. This rent limit amount can change each year. This also applies to a landlord who evicts a service member's family living in a rental home.

   • Court Actions: Military service can affect the service member's ability to pay rent. The court can delay the eviction for 90 days or longer if personnel gets called to service.

2. Reduced Interest Rates

   • Interest Rate Cap: The SCRA allows military personnel to reduce the interest rate on certain debts to a maximum of 6% per year during their service. This helps by reducing other financial pressures, which can make it easier to pay rent and avoid eviction.

Legal Help

• Service members who think their SCRA rights are being violated or need help using these protections should contact their unit’s legal help office or a lawyer who knows military law. For more information, see Finding and Hiring a Lawyer. 

For more information about protections against foreclosure for active-duty personnel, see the Housing tab on Veterans and Military. 

In Louisiana, if a landlord can’t pay their mortgage and the property is foreclosed on, it can affect tenants in different ways. Here’s a simple explanation of what might happen:

1. Getting Notified:

   • When a property is in foreclosure, tenants should be told about it. This notification lets tenants know that the ownership of the property is changing because the landlord couldn’t pay the mortgage. For more details, visit Executory Process Foreclosure.

2. Rights of Tenants

   • Lease Agreements: The rights of tenants depend on their lease and some federal protections, like those from the old "Protecting Tenants at Foreclosure Act" (PTFA).

   • Bona Fide Lease: If tenants have a legitimate lease signed before the foreclosure notice, they can usually stay until the lease ends.

   • Month-to-Month Tenants: These tenants often need to move out with a 90-day notice.

3. New Ownership

   • If the new owner wants to live in the property, they can usually end existing leases. They must give a notice period (like a 90-day notice).

4. Eviction Process
   • If the new owner wants to evict tenants, they must follow Louisiana’s legal eviction process. This means giving a written notice to move out. If tenants don’t leave, the owner can go to court to start an eviction lawsuit. Tenants can defend themselves in court. For more information, see Defenses To Stop or Delay An Eviction. 

Legal Help

• Tenants facing eviction from a foreclosed property should seek legal help. Legal aid organizations can help tenants understand their rights and options under the law. For more information, see Finding and Hiring a Lawyer. 

For more information, see Tenant Options When Landlord Is In Foreclosure or Bankruptcy.

The process of eviction can depend on the type of bankruptcy the landlord files. It can be Chapter 7 or Chapter 13.

For more information, see Tenant Options When Landlord Is In Foreclosure or Bankruptcy.

Legal Advice: Tenants whose landlords are going through bankruptcy should seek legal advice. For more information, see Finding and Hiring a Lawyer.