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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33710
Experience:  Attorney for over 15 years, landlord 26 years
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Here is the email I sent: I have another tenant years and

Customer Question

Here is the email I sent: Hello, I have another tenant for 2 years and she has been consecutively late. Almost 2 months past due every month, when she started to be 2 months due I told her I was not going to accept the conditions she told me she was giving
me, obviously the rent was not a priority and or she could not afford it. She was able to not be 2 payments past due, had arrangements to get current. I have let her be 30 days late as long as she knew she could never have 2 months due. 5 months ago I gave
her notice I was going to start charing late fees ( I never did). I thought it might put fire in her. She had a plan to actually get current, then she had a reason why she was not but agreed and understood she was paying the late fee which began last month.
Because I had set a precedent of her being late, I gave her enough time to get current so she could avoid the late fees. The payment comes in today for August and it was short. Her rent is $950, $150 max late fee- $1100, $600 in mail. She also owes for September
so she is technically 2 payments past due with the $500 balance. I sent an email stating I need balance of $500 rent paid by 12 noon tomorrow and she needs to give me a written solid payment plan which needs to be approved by me; otherwise, she needs to find
other arrangements. I put the approval by me as a way out to give her a notice to Quit. I am in Louisiana, the home is in Central, La, past of EBR Parish. I sent her an email and a text stating I sent her an important email. Either way, she has always known
and per her last email to me over a month ago she stated the rent would never become 2 payments past due. Should I sent her a notice to quit tomorrow? How do I get a copy of this for an example if I I do not give her option to get current. As I said in her
email, she has to have plan approved by me. I doubt she is going to have the money tomorrow with a reasonable plan to get current. There is always an excuse; I try to work with people, however, if a very nice renovated cottage, in the best school district
tin the state is not a priority of her and her son or she can not afford it, I can not do anything else. Also, because she sent less than what we have agreed on without consulting me, is a breach of our agreement. Because the line of never getting 2 payments
past due is the only line I have not let get crossed, I feel this may be my only way out. She keeps the home clean, she is a responsible, clean, lady with a good job, no drugs but I am feeling not right. Please advise. Hello, How are you doing? I received
$600 today towards August due, $950, $150 late fee= $1100 and and September $950= $1450 outstanding currently due. $1600 if September not paid by grace period. In the past I have lenient, not charging late fees for 2 years until last month, while you have
been late every month since you started the lease. We did have a clear agreement the rent could not get 2 payments past due at any time and you were to have payment arrangements with me. You have broken our agreement by sending less than what you promised
and not notifying me or asking me. It appears the rent is getting further delinquent instead of current. I need to have the balance of August by tomorrow at 12:00 P.M at my home and a solid plan in writing of when, how much payments will be until current and
it needs to be approved by me. If this can not be met, you will need to make other living arrangements. Thank you CYnthia Dantoni Batts
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello again,

.

Ok, first, let me explain that email notices are not considered legal notification under the law, it has to be in a paper writing in order for it to be legally enforceable.

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With that said, if you don't want to give her more time, you can give her a 5 day notice to pay or quit for the full amount due to start the eviction process. It sounds like she is just stringing you along and has no intention of ever getting current on the rent.

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In Louisiana,if the tenants are behind on their rent, you would first have to deliver a5 day Notice to Quit (excluding Sat, Sun and holidays). If the Notice to Quit has been served, the required number of days have passed, and the tenant and/or his belongings still occupy the premises, the landlord must then file with the court (District Court, City Court, Justice of the Peace) a Rule to Show Cause. A court date, not earlier than the third day after service, isscheduled and the tenant is served notice to appear. Again, if the tenantcannot be found, the notice is posted on a door.

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At the hearing, the parties can testify and/or have witnesses testify and/or introduce any type ofevidence supporting their position. If the landlord proves his case, the Judgemust immediately render a Judgment of Eviction. The Judge does not have theauthority to allow the tenant to stay a few days longer. The Judge must decideone way or other; he is not to take the matter under advisement. The tenantthereafter has (24) hours to vacate. If he does not vacate, the Judge must sign warrants authorizing the Sheriff, Marshal or Constable to do what is necessary to evict the tenant and his belongings from the premises.

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So unfortunately, I think that your instincts are correct and that your best recourse is to formally begin the eviction process and see if that makes her realize that you are serious about this and aren't willing to wait any longer.

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thanks

Barrister

Customer: replied 1 year ago.
I sent her or post a notice on her door stating she needs to be out of the house. Of course, the 5 days falls on 9/14 Monday because this Monday is a Holiday and I am going out of town Friday 9/11 and I will not be back until 9/20. If I serve her with the Notice tomorrow at the residence, leave on door if not home, I am going to assume I have to personally file the court papers in court, can it be done on line since I will be across the country or are there services I may be able to hire to file for me ? If not, would it be good to give her September 20th as the last day and file court papers on the 21st since I will not be here to file? The timing is incredible. I think once I do my first eviction, I will take my power back. The unknown fear.
Customer: replied 1 year ago.
Question. If I deposit the $600 she sent me which she is liable for either way, is this saying I am accepting and allowing you to be more than 60 days delinquent? Or is it best to not take the partial payment because she can use against me?
Expert:  barristerinky replied 1 year ago.

I am going to assume I have to personally file the court papers in court, can it be done on line since I will be across the country or are there services I may be able to hire to file for me ?

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Correct. You can't file online because you have to sign in front of the clerk affirming that everything in the eviction complaint is true. The only way you could have someone else do it would be if you hired an attorney.

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If not, would it be good to give her September 20th as the last day and file court papers on the 21st since I will not be here to file?

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You don't have to act immediately as soon as the 5 days passes to file the formal eviction. You just have the right to do so after that 5 days expires. So you could still give her the 5 day notice and then wait until you got back to file the formal eviction action. You might get lucky and scare her into moving out and abandoning the property without having to go through the formal eviction..

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And no, unless there is something in writing stating you are agreeing to do so, you can just accept the $600 and then give her a 5 day notice reflecting any balance that is due after deducting the $600. That way you get a partial payment and then give her a 5 day for the rest to put her under the gun to either pay it all or be evicted.

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If you waited until you got back to file the eviction, you would essentially be giving her some more time to get the rest of the money together and can contact her as soon as you get back and tell her that if she doesn't have the money then, you will have to file to evict the next day.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you! ***** am a little scattered. I understand and agree. Most of the time when things happen, they are always complicated more than normal. Have a great weekend.
Expert:  barristerinky replied 1 year ago.

You are very welcome. Glad to help any time. And it always helps to have an uninvolved person to bounce thing off of and get a second opinion on any course of action..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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