Can my landlord evict me if I am not 30 days delinquent in paying my rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my landlord evict me if I am not 30 days delinquent in paying my rent?
I contacted my apartment management office to inform them that I would paying my August rent on 08/23 (with late charges included). They informed me that I would be evicted before then.
Asked on August 12, 2010 under Real Estate Law, Louisiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Landlord Tenant law is very specific in each jurisdiction. From what I have read in Louisiana, if you are evicting for non-payment of rent you have to be served with a Notice to Quit. There are requirements to be included in the Notice by statute. The notice can be served by the landlord or the Sheriff or Marshall or Constable. The tenant has to be given no less that 5 days to vacate. Saturdays, Sundays and legal holidays are not included in the five days. If you do not leave the landlord has to file a Rule to Show Cause for a date to be heard before a Judge. The time frame for that is at the least 72 hours after service. If you lose at the hearing then eviction is immediate (within 24 hours). The Judge can not extend your time to stay. There is something about a 24 right to appeal. So do the math if the proceeding has begun to see if you could indeed be evicted by the 23rd. But if the landlord accepts the money after the Notice to Quit has been served (any part of it) it renders the Notice invalid. Seek help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.