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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10215
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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State is Louisiana. A friend received an eviction notice via

Customer Question

State is Louisiana. A friend received an eviction notice via text message on Friday. According to the lease, rent paid through the 10th of each month is not eligible for eviction. She paid today, 10 July, for the month of July. Can her landlord still evict her?'' Second question: Lease agreement for 4 units requires the tenants to make the check payable to: "(landlord's name) FBO IRA". The only reason I can think of is to avoid depositing 4 rental income checks into his account each month and not counting the rental income as taxable income, which is fraud. ($850 per unit x 4 units = $3,400 per month rental income).
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

  • A notice to "pay or quit" by text message is generally insufficient. In order to be effective, the notice must actually be posted on the unit's door. (See:
  • Unlike other states, Louisiana statute does permit landlords and tenants to amend general statutory protections - so your friend should carefully check their lease agreement.
  • The way in which the landlord collects rent is immaterial to the tenant (the landlord's tax arrangements do not create a defense for the tenant - and it is possible for a landlord to manage rental property as part of their self managed IRA).

If your friend paid before the rental deadline, any eviction action filed by the landlord can be defended on this basis. Your friend should keep copies of this information as it will be critical to their defense in any court proceeding.

Your friend will need to be very careful and ensure that they respond to any court action or notice that they receive.

Your friend may also want to contact a local tenant's union or legal aid office if they are actually served with an eviction summons and complaint (the lawsuit part of an eviction).

For general information and assistance to help your friend with this matter - see:

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