Can my landlord evict me if I am not 30 days delinquent in paying my rent?

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Can my landlord evict me if I am not 30 days delinquent in paying my rent?

I contacted my apartment management office to inform them that I would paying my August rent on 08/23 (with late charges included). They informed me that I would be evicted before then.

Asked on August 12, 2010 under Real Estate Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Landlord Tenant law is very specific in each jurisdiction. From what I have read in Louisiana, if you are evicting for non-payment of rent you have to be served with a Notice to Quit.  There are requirements to be included in the Notice by statute.  The notice can be served by the landlord or the Sheriff or Marshall or Constable. The tenant has to be given no less that 5 days to vacate.  Saturdays, Sundays and legal holidays are not included in the five days.  If you do not leave the landlord has to file a Rule to Show Cause for a date to be heard before a Judge.  The time frame for that is at the least 72 hours after service.  If you lose at the hearing then eviction is immediate (within 24 hours).  The Judge can not extend your time to stay.  There is something about a 24 right to appeal.   So do the math if the proceeding has begun to see if you could indeed be evicted by the 23rd.  But if the landlord accepts the money after the Notice to Quit has been served (any part of it) it renders the Notice invalid.  Seek help. Good luck.


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