Please note: ALL court sessions will be established when you file suit.
The Plaintiff (landlord/manager/owner) must obtain a Five Day Notice To Vacate prior to the expiration of rent from the Court’s office or on this web site under Forms. The landlord delivers the written notice to the tenant. Service may be made by posting the notice on the door if the tenant does not answer the door. Two witnesses must accompany the landlord when notice is given and must sign the landlord’s copy of the notice.
There are special provisions that may apply to written leases, requiring a 30-day advance notice. Please review the written lease to see if that applies.
Rule for possession of premises:
1. If the tenant does not pay the rent or move from the premises after the receipt of the Notice To Vacate the landlord can then file for eviction and a rule to show cause will be fixed for hearing within five (5) days. This process is called an EVICTION SUIT. At this time you will have to pay the Advanced Filing Fee to proceed to trial.
2. The normal trial rules apply as described above for all suits, including evictions.
3. If a judgment of eviction is granted to the landlord, the tenant is notified at trial, or by the Constable’s office (if the defendant fails to show at trial) that he must vacate the premises within twenty four (24) hours of the signing of the judgment. If the defendant does not show up at trial, there will be an additional fee charged to the plaintiff to serve the defendant the judgment.
4. Final step — Writ of Ejection
If the tenant does not move out with the 24 hour time period, then the landlord may request a Writ of Ejectment or warrant for possession. At that time the Constable and/or Sheriff meets with the landlord at the address of the rent property and the landlord is given possession of the property. The tenant can be removed either voluntarily or by force if necessary. There is an additional charge billed to the plaintiff for this service.
If you are not satisfied with the Court’s judgment, you may appeal its decision. An appeal must be filed in Pointe Coupee Parish IMMEDIATELY after trial. You MUST contact an attorney to file an appeal. However, filing an appeal does NOT stop the judgment from being carried out.