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

Posted on 3/3/24 at 6:38 am to
Posted by Azkiger
Member since Nov 2016
21600 posts
Posted on 3/3/24 at 6:38 am to
quote:

btw, let us know when you find a post of me supporting the mayor.
quote:

btw, let us know when you find a post of me supporting the mayor.


You line up on policy more with her than the members of this board.

Why is that so hard to admit?
Posted by White Roach
Member since Apr 2009
9457 posts
Posted on 3/3/24 at 8:23 am to
quote:

Mcc - metro city council?


The Metropolitan Crime Commission. They're an independent watchdog of city shenanigans.
Posted by Tarps99
Lafourche Parish
Member since Apr 2017
7431 posts
Posted on 3/3/24 at 10:17 am to
quote:

Are they claiming squatters rights?


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?

Posted by UncleLester
West of the Mississippi
Member since Aug 2008
6609 posts
Posted on 3/3/24 at 10:49 am to
New Orleans City Council is full of paper tigers.

I really dislike the Mayor and her policies but I do find it funny that she’s not going to allow them to look competent or effective.

City Council is just as complicit in a lot of the issues of the City.
Posted by ErikGordan
Member since Oct 2016
852 posts
Posted on 3/3/24 at 11:35 am to
Change the locks. It's just that simple.
Posted by Junky
Louisiana
Member since Oct 2005
8379 posts
Posted on 3/3/24 at 12:01 pm to
Is this even an eviction issue? There is no tenant. She is there with no lease. She believes she is owed this apartment which the council removed.

Change the locks.

Now, good luck finding the police willing to do that job.

Additionally, I watched the Fox 8 story on this and trying to tie the money lost to the city from rent could go to street repairs. That is a whole other issue.
Posted by Tarps99
Lafourche Parish
Member since Apr 2017
7431 posts
Posted on 3/3/24 at 12:42 pm to
quote:

Additionally, I watched the Fox 8 story on this and trying to tie the money lost to the city from rent could go to street repairs. That is a whole other issue.


That enough money to fill one small pothole.


Good job city officials trying to tie the rent into something so meaningless.
Posted by WeeWee
Member since Aug 2012
40138 posts
Posted on 3/3/24 at 6:10 pm to
quote:

Apparently there are no locksmiths in New Orleans.


The City is the landlord.



Exactly. The MCC would be completely within their right to call a locksmith to open the apartment. Once the apartment is opened then the mayor's stuff could be thrown onto the street.
Posted by BRich
Old Metairie
Member since Aug 2017
2223 posts
Posted on 3/3/24 at 7:38 pm to
quote:

The MCC would be completely within their right to call a locksmith to open the apartment. Once the apartment is opened then the mayor's stuff could be thrown onto the street.


The MCC,or Metropolitan Crime Commission, is a PRIVATE "watchdog" organization with no such rights or powers.

The New Orleans City Council would be the entity to do so.
Posted by SlidellCajun
Slidell la
Member since May 2019
10433 posts
Posted on 3/3/24 at 7:47 pm to
Change the friggin locks!

This is not complicated

Posted by Townedrunkard
Member since Jan 2019
8828 posts
Posted on 3/3/24 at 11:49 pm to
quote:

The notice can be: given to the tenant in person


Woukd be hilarious if they serve her with the eviction notice during one of her press conferences. Would make national news. It’s what’s needed to be honest.,
This post was edited on 3/3/24 at 11:50 pm
Posted by captdalton
Member since Feb 2021
8093 posts
Posted on 3/4/24 at 12:28 am to
quote:

4cubbies


I hardly ever come to the politics board anymore and even I know that Latoya is your people. You support liberals, then act surprised when liberals act like shithead liberals. You then support another liberal. They act like a shite head. You move on to the next. Rinse, wash, repeat.
Posted by 4cubbies
Member since Sep 2008
50165 posts
Posted on 3/4/24 at 1:33 pm to
quote:

You line up on policy more with her than the members of this board.


Can you give me some specific examples of my political beliefs that align with hers?


Thanks.
Posted by 4cubbies
Member since Sep 2008
50165 posts
Posted on 3/4/24 at 1:36 pm to
quote:

hardly ever come to the politics board anymore and even I know that Latoya is your people.


Why do you assume this?
Posted by Lakebound
Member since Nov 2004
3832 posts
Posted on 3/4/24 at 1:45 pm to
I love threads like these.

I showed up for the Latoya bashing and stayed for the 4cubbies bashing.

Posted by Boomdaddy65201
BoCoMo
Member since Mar 2020
2597 posts
Posted on 3/4/24 at 1:51 pm to
“It is particularly important that FMC be given access immediately, given that the property is in need of major renovations to cure water damage.”

quote:

Water sports
Sexual activity in which urine and other bodily fluid is involved. The presence of urine is generally considered erotic for those indulging in the urine related activities.


Posted by daydranking
nunya
Member since Sep 2019
457 posts
Posted on 3/4/24 at 2:32 pm to
you get what you vote for...
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
33006 posts
Posted on 3/4/24 at 4:14 pm to
Why don’t they just change the locks and remove her property? It’s not in her name.
Posted by Bjorn Cyborg
Member since Sep 2016
26788 posts
Posted on 3/4/24 at 4:18 pm to
quote:

The mayor did not run on a platform of moving into this apartment. No one voted for her expecting her to do this.


Shitty people do shitty things.
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