If you own a rental property in New Orleans, you should know about the New Orleans eviction laws update.
In the wake of the COVID-19 pandemic, the United States government implemented an eviction moratorium to protect renters from losing their homes during the economic downturn caused by the pandemic. However, the moratorium expired in October 2021.
The Supreme Court struck down the eviction ban by the Centers for Disease Control and Prevention, so it is no longer in effect. Landlords in New Orleans can once again follow the previous laws on eviction.
New Orleans Eviction Laws Update You Need To Know as a Landlord
Grounds for Eviction
Under Louisiana law, you can evict a tenant for nonpayment of rent, a breach of the lease agreement, or illegal activity on the property. However, you must follow specific procedures and timelines when evicting a tenant.
Written Notice to Vacate
The eviction process in New Orleans begins with a written notice to vacate the property. It must be in writing and state the reason for the eviction, the date the tenant must vacate, and the consequences of not vacating the property.
As a landlord in Louisiana, you have the right to evict your tenant if they fail to pay rent on time. To do so, you must serve them a 5-day notice to quit, giving them the option to either pay the balance due or move out of the property. If they fail to do either, you can file an eviction lawsuit.
If your tenant does not have a lease or if the lease has expired, you must give them a 10-day notice to move out. This same notice period applies if they violate their lease or fail to uphold their legal responsibilities as a tenant under Louisiana law.
If your tenant violates their lease, you can serve them a 5-day notice to comply or vacate. You can let them fix the issue or move out within five days. Failure to do either can result in you filing for eviction. It’s worth noting that the law doesn’t obligate you to allow tenants to correct lease violations.
Writ of Possession
If the court rules in your favor, it will issue a writ of possession. The tenant should vacate the property within 24 hours of the eviction judgment unless they file an appeal. If the tenant does not leave or appeal, you may involve the sheriff or constable to enforce the writ of possession.
What Not To Do
As a landlord, you cannot forcibly remove a tenant, regardless of the situation. You cannot change the locks, remove the tenant’s belongings, or shut off utilities. The only legal way to remove a tenant is through the formal eviction process, which requires obtaining a court order.
The Bottom Line
While the eviction moratorium is no longer in effect, it’s important to understand the eviction process and to follow the proper procedures and timelines when attempting to evict a tenant. By doing so, you can protect your rights while respecting your tenants’ rights.
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