The Eviction Process in Brief
Unfortunately, evictions are a primary duty of the constable’s office and people have many questions about the process and their rights. The process of eviction, the legal remedy for removing someone from a residence or edifice contains three basic steps:
- Step 1: Vacate Notice
- The landlord files for eviction with the court, who in turn sends the tenant a notice to vacate. This notice essentially informs the tenant that he/she has so many days to vacate the property. (Sometimes this notice can be waived because of a superseding clause in the original lease).
- Step 2: Rule of Possession
- The Rule of Possession is filed by the landlord in the Clerk of Court’s office, which is server by the Constable’s Office, and that sets a court date to hear the case.
- Step 3: Warrant for Possession of Property
- If the court rules in the landlords favor but the tenant fails to vacate the property within the time specified by the court, the landlord must obtain a Warrant for Possession of Property which gives the constable, under the authority of the court, the power to remove the tenant and their belongings from the property.
The eviction process can take several weeks, and the costs are as follows: Vacate Notice Fee $20.00, Rule of Possession Fees Clerk of Court Fee $125.50* & Constable’s Office Fee $60.00, & Warrant for Possession of Property $40.00.* Clerk of Court office’s fee may change.
While evictions get most of the attention, tenants have rights too. Tenants cannot be forced to move without going through the proper and legal eviction process. And those rights expand to include the tenant’s right to appeal decisions made by the court. A landlord cannot legally evict a tenant without this procedure. If the landlord locks the tenant out of the leased property, puts the tenant’s possessions on the street, or otherwise takes the law into his/her own hands the landlord may be liable for damages for wrongful eviction. To see a complete list of tenant and landlord rights, click on the link below:
Louisiana Guide to Landlord Tenant Law http://dhh.louisiana.gov/assets/oph/Center-PHCH/Center-CH/infectious-epi/EpiManual/MoldComplaints/AGguideToLandlordTenantLaw.pdf