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re: Evicting a renter

Posted on 12/19/17 at 11:11 am to
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 12/19/17 at 11:11 am to
quote:

There was no original lease agreement
well this was stupid as hell.
Posted by LouisianaLady
Member since Mar 2009
83171 posts
Posted on 12/19/17 at 11:12 am to
It varies by state, but people become tenants in the eyes of the state simply by spending the night in many states. It's pretty crazy. Someone who knows the law could sleep over with a person for a few nights and turn around and get 30 days out of it.
This post was edited on 12/19/17 at 11:13 am
Posted by Carson123987
Middle Court at the Rec
Member since Jul 2011
68251 posts
Posted on 12/19/17 at 11:14 am to
quote:

I've dealt with it.
I had six page lawyer drafted leases. The renters don't read, so I had them sign away their rights to fight a lawful eviction.
This was after the tenants from hell. Who bred cats and sublessed the house. Went there one day and some random people where there, I asked for tenants. They had moved out. These new guys were paying rent.
They had nothing in the house but a mattress.
I had two cop friends come over in uniform and help throw the stuff out.
Changed all the locks and spent two months renovating. The people tossed were "Travelers".

The house was a decent house, but after this, hired a property manger.
Well manager was a crack head and rented house to his dealer.
The other side to a bus driver(who parked a beat up school bus on side the house) with three pitt bulls.
My neighbors would call complaining constantly.


After that group left, I sold the house


this right here is why I will never get into the leasing/renting business
Posted by ZeekFreak
Member since Jun 2017
616 posts
Posted on 12/19/17 at 11:21 am to
i believe you've have to give them a month's notice. I know my ol lady's Gmaw just evicted a renter. Placed eviction notice on door and had to wait 30 days, then if she doesn't agree, it goes through court system.
Posted by Lake Vegas Tiger
Lake Vegas
Member since Jun 2014
3299 posts
Posted on 12/19/17 at 11:30 am to
lol at all the "legal scholars in here," eviction is a simple process
Posted by weadjust
Member since Aug 2012
15818 posts
Posted on 12/19/17 at 11:36 am to
quote:

lol at all the "legal scholars in here," eviction is a simple process


I own rental property in MS. The local court will not even let you file for eviction until the tenant is 60 days past due. Usually about a 90 day process with a court appearance and fees.
Posted by Aspercel
Member since Jan 2009
117554 posts
Posted on 12/19/17 at 11:37 am to
Yep
Posted by LouisianaLady
Member since Mar 2009
83171 posts
Posted on 12/19/17 at 11:41 am to
quote:

I'd take my chances on a dead beat renter coming up with enough sense and money to pay a lawyer and sue me


If you throw someone's shite on the street, they could just call the police if they wanted. They don't need a lawyer to get back into your home. Like someone else said, you ever see on LivePD how the cops tell people they need to go through the court to evict someone?

Eviction is easy as far as the process, but you do have to give them a certain amount of days.
Posted by EvrybodysAllAmerican
Member since Apr 2013
12962 posts
Posted on 12/19/17 at 11:48 am to
I don't think a cops going to let them back in without a lease and without a key to the new locks. And even if there was a verbal agreement, that goes out the window when the person doesn't pay the rent.
And I think you're giving dead beat renters too much credit. Most are going to avoid conflict but will take advantage of anyone they can.
This post was edited on 12/19/17 at 11:50 am
Posted by LouisianaLady
Member since Mar 2009
83171 posts
Posted on 12/19/17 at 11:54 am to
quote:

And even if there was a verbal agreement, that goes out the window when the person doesn't pay the rent.


Louisiana allows you to file for eviction with a 5-day notice if the person does not pay their rent. I'm unfamiliar with how long after non-payment, though. Might be immediately. But once filed, you still have to wait out the eviction time range.

quote:

If a tenant has failed to pay rent or has violated the lease and the landlord wishes to evict the tenant, the landlord must first give the tenant a five-day notice to vacate. If the tenant does not move out of the rental unit within five days, the landlord can then file an eviction lawsuit with the court.


Basically, you at least have 5 more days with the person. It is unlikely the tenant will fight beyond this, as they'll have to pay court fees.

quote:

And I think you're giving dead beat renters too much credit.


Oh, you're totally right that most people have no idea how in-their-favor tenant laws actually are. Generally, you can kick someone out and they'll leave. I just wouldn't risk throwing someone's shite in the street and changing the locks unless I knew for sure the person wouldn't do anything.
This post was edited on 12/19/17 at 11:57 am
Posted by EvrybodysAllAmerican
Member since Apr 2013
12962 posts
Posted on 12/19/17 at 11:57 am to
This is correct. I was reading it as notice had been given a month ago and the person refuses to move out.
Posted by Aspercel
Member since Jan 2009
117554 posts
Posted on 12/19/17 at 11:58 am to
Most leases in the state have a waiver of that 5 day notice.

I still send them but I don’t have to.

But again...

No lease here.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
60296 posts
Posted on 12/19/17 at 12:00 pm to
quote:

It's not that there was no agreement, there was no signed document.


Verbal agreements aren't worth the paper they're written on.

Your sister simply tells the tenant that the locks are being changed on a specific day and the tenant will not be receiving a key. If they are still there after that, she will call the law and report them as trespassing.

If they've stopped paying their rent, that makes it even easier.
Posted by LouisianaLady
Member since Mar 2009
83171 posts
Posted on 12/19/17 at 12:00 pm to
Yeah, I wasn't referring to if there is a lease in place People are usually surprised at the rights a non-leased tenant gets. I was too when I realized you can basically force someone to let you stay for a month if you play your cards right.
Posted by Aspercel
Member since Jan 2009
117554 posts
Posted on 12/19/17 at 12:03 pm to
I don’t know why anybody wouldn’t have a simple lease typed up.
Posted by bigwheel
Lake Charles
Member since Feb 2008
6491 posts
Posted on 12/19/17 at 12:46 pm to
eviction notice( court order) & Sheriff or City Marshall. Worked for me
Posted by slacker130
Your mom
Member since Jul 2010
8974 posts
Posted on 12/19/17 at 12:53 pm to
Remove all the doors for maintenance. No one likes to live without a door.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20417 posts
Posted on 12/19/17 at 1:16 pm to
You folks are acting like you are evicting a doctor and a lawyer from a $3k a month house in CCL. I would wager this is a shotgun house in the hood. Tell them to get their shite and get out or you are changing the locks and putting their stuff to the curb.

My buddy was a legit slum lord owning multiple apartment complexes in Gardere in the early 90's. His family had a warehouse full of TV's, couches, dining room sets, etc. I asked him where it all came from and he said they just would go take stuff when people didn't pay their rent. No one ever complained because it was (and is) the GHETTO and that's how it goes.
Posted by SG_Geaux
Beautiful St George, LA
Member since Aug 2004
80840 posts
Posted on 12/19/17 at 1:20 pm to
quote:

Why does your sister have to have the person leave?


What fricking difference does it make? It is her god damn house.
Posted by alphaandomega
Tuscaloosa-Here to Serve
Member since Aug 2012
17385 posts
Posted on 12/19/17 at 1:39 pm to
Sign new lease with someone for a "furnished" apartment.

I recommend your new lessee be about 6'5" weigh about 340 with numerous tattoos of skulls, knives, and tombstones.

Problem solved.
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