re: MCC says New Orleans mayor is holding ex-Pontalba apartment hostage, now city council plan

quote:

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Are they claiming squatters rights?

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Maybe the city or FMC needs to go through eviction process:

Louisiana Eviction Laws and Process


Step 1: Notice to Terminate

The landlord must send the tenant a notice of termination. In Louisiana, this is often called a "notice to vacate."

Louisiana landlords must serve (deliver) a five-day notice to vacate. In other words, the landlord must give the tenant five days (not including weekends and holidays) to move out. The notice can be:

given to the tenant in person
posted on the door of the rental, or
mailed.
Louisiana notices to vacate are unconditional: Louisiana landlords don't have to give tenants the chance to become current with rent or fix a lease violation. Also, this notice can be waived in the lease—if waived, the landlord can file an eviction lawsuit immediately without giving the tenant any notice. (La. Code Civ. Proc. art. 4701 (2023).)

Step 2: The Landlord Files an Eviction Lawsuit

If the tenant moves out within the five days after the notice to vacate, the tenancy is over and the landlord has no need to file an eviction lawsuit.

If the tenant fails to move out by the deadline in the notice to vacate, the landlord can file a lawsuit for eviction. In Louisiana, filing an eviction lawsuit is called "filing a rule for possession." The landlord can file a rule for possession with the justice of the peace or city court. The lawsuit must state the grounds for the eviction. (La. Code Civ. Proc. art. 4731 (2023).)

The court will then issue a Rule for Possession. The Rule for Possession orders the tenant to appear in court for a hearing.

Step 3: The Landlord Serves the Rule for Possession on the Tenant

The landlord must have a sheriff or other law enforcement officer serve the Rule for Possession on the tenant. Neither the landlord nor anyone related to the lawsuit (such as an employee of the landlord) can serve the Rule for Possession.

Step 4: Trial of Rule

The court will have a hearing (or trial) on the Rule for Possession no earlier than the third day after the Rule for Possession is served on the tenant. (La. Code Civ. Proc. art. 4732 (2023).)

At the trial, the tenant will have the opportunity to present any defense to the eviction, such as the landlord's failure to maintain the rental unit or the landlord's discriminatory basis for evicting the tenant. The tenant's decision to fight the eviction could mean that the cost of the eviction lawsuit increases or that the tenant gets to remain in the rental unit for a longer period of time.

If the tenant doesn't show up to the hearing, the judge has the power to enter a default judgment for the landlord. This means that the landlord automatically wins, and has the right to regain possession of the rental unit. Otherwise, the judge might rule on the hearing at the hearing, or wait a few days before making a final decision.

If the judge decides the hearing in favor of the landlord, the judge will issue a writ of possession that the landlord can use to have the tenant physically removed from the rental.

If the judge decides the hearing in favor of the tenant, the tenant has the right to remain in the rental.

Step 5: Eviction Judgment (Writ of Possession)

When the landlord wins the Rule for Possession hearing, the judge will issue a Writ of Possession. The writ will give the tenant some time—usually 24 hours—to remove their belongings from the rental and move out.

Step 6: Removal of the Tenant

If the tenant doesn't move out, the landlord can bring in the sheriff or other law enforcement to remove the tenant.

Step 7: Other Damages

After the eviction, the landlord might have the right to seek from the tenant unpaid rent or payment for damage to the property. In most cases, the landlord will simply retain the tenant's security deposit to cover the amounts owed—especially when the landlord suspects that the tenant doesn't have funds that are worth going after.

If the landlord believes the tenant might have the ability to pay, the landlord can file a separate lawsuit to recover money damages that go beyond what the security deposit can cover. (Nolo.com)


Which city court handles evictions and which one would throw her out?