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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33803
Experience:  Attorney for over 15 years, landlord 26 years
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I previously received answers regarding how to evict a

Customer Question

Hi - I previously received answers regarding how to evict a tenant from a house in Livingston Parish, in Livingston, Louisiana. Due to the recent flood, I allow a tenant to move in prior to him signing an agreement. He had agreed to sign by mail and send rent payment. Due to the flood, I also waived a deposit. The "tenant" has now been in the house for 3 months and has only paid 600.00. The rent is 1375 per month. He continually lied about his commitment to catch up payments, etc. About a week ago, he completely quit communicating. The advice I received from one of your associates was to send the 5 day eviction notice by certified mail and also tape on door. I have done this. We were relocated due tot he flood and will not be back in Louisiana until the end of the month. My question is: Since I have sent the 5 - day notice to evacuate, can I still attempt to communicate with him. I would like to ask him if he is willing to leave the keys with someone or just find out when he will move out.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: i did, in my email. the state is Louisiana
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: he never signed an agreement. the terms were 1375 per month. Landlord was responsible for HOA dues, Tenant responsible for utilities, trash, yard, maintenance, etc.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I don't think so..... thanks....
Submitted: 28 days ago.
Category: Landlord-Tenant
Customer: replied 28 days ago.
just curious when I can expect an answer, I just subscribed to your service.
Expert:  barristerinky replied 28 days ago.

Just a moment...working on your question

Expert:  barristerinky replied 28 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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My question is: Since I have sent the 5 - day notice to evacuate, can I still attempt to communicate with him.

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Sure, if you can work things out with the tenant prior to having to go to court, there is nothing that would prevent you from doing sl.

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I would like to ask him if he is willing to leave the keys with someone or just find out when he will move out.

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You can contact him and let him know that you are preparing to file to evict, which will damage his credit and prevent other people from renting to him, but if he moves out by XXXXX date, and returns the keys, you will not proceed with the eviction.. That saves you the trouble of evicting and him the damaging note on his credit.

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There is nothing that would prevent you from then suing him in small claims court for any lost rent, damages, late fees, etc.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 27 days ago.
Thanks. I send him a communication and he is not responding I will not be in Louisiana until the 27th of nov. Any suggestion? I have already mailed the5 day eviction notice
Expert:  barristerinky replied 27 days ago.

Honestly, if he is ignoring you, then he probably has no intention of moving out until you force him to do so. Tenants are rarely honorable and move out on their own if they can't pay the rent. They hang on as long as they possibly can until you literally are a day away from having the sheriff or constable appear and throw them out.

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But there is no faster way to get him out other than evicting through the courts.

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thanks

Barrister

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