Episode Transcript
[00:00:00] Speaker A: Welcome to the deep Dive. We are jumping straight into a pretty high stakes scenario today. We're helping out a listener, probably a property owner, maybe a manager in the Baton Rouge metro area.
[00:00:10] Speaker B: And they're trying to navigate, well, the notoriously tricky world of Louisiana eviction law.
[00:00:16] Speaker A: Right. So our mission is surgical. We've got this really comprehensive guide here. It's from local process serving experts, and it details all the critical steps.
[00:00:25] Speaker B: And I think more importantly, it details the lethal procedural pitfalls, you know, for legally removing a tenant in East Baton Rouge, Ascension and Livingston parishes.
[00:00:38] Speaker A: This isn't just about knowing the steps, is it? It's about doing them perfectly.
[00:00:41] Speaker B: Exactly. It's all about perfect execution.
[00:00:43] Speaker A: And that's really the core tension we found in this guy. I mean, everyone says Louisiana is landlord friendly because, you know, it's faster than a lot of other states.
[00:00:50] Speaker B: It is structurally, yeah. But the local courts are intensely procedural. They don't just want the right outcome, they demand the right process.
[00:00:58] Speaker A: That dual nature is fascinating. Speed on one hand, but this unforgiving precision on the other.
[00:01:04] Speaker B: It is.
The guide warns, and it says this over and over, that a single procedural error will lead to an immediate case dismissal. A single error, like anything miscounting a timeline, serving the notice the wrong way, accepting the wrong type of payment. You do that and the landlord loses the filing fee, the service fees, all that back rent, and then has to restart the entire clock.
[00:01:30] Speaker A: And starting over is exactly what we want to help you avoid. So let's unpack this. But before we get into the rules, we need to nail down some critical context.
[00:01:37] Speaker B: Absolutely. And this is crucial. We have to state very clearly that this information we're sharing is strictly for educational purposes.
[00:01:45] Speaker A: Right.
[00:01:45] Speaker B: We are researchers, we're analysts, we're are not licensed attorneys. If you need actual legal advice, you must contact a qualified Louisiana attorney.
[00:01:53] Speaker A: And that's especially true if the property is owned by a business. Right. Like an llc.
[00:01:56] Speaker B: Yes. That is so important. Some Baton Rouge area courts will actually require an LLC or corporation to be represented by a lawyer. They won't let a non attorney manager appear, you know, pro se.
[00:02:07] Speaker A: Okay. That context is vital. So let's start with what the guide calls the danger zone.
[00:02:13] Speaker B: So step one, this is before you even think about the courthouse, you have to legally terminate the penant's right to.
[00:02:19] Speaker A: Be on the property through the notice to vacate.
[00:02:22] Speaker B: Yes. And the guide cites this as the single most common point of failure for landlords.
[00:02:28] Speaker A: Why? What's the trap?
[00:02:30] Speaker B: It all comes down to the calendar. So if you're evicting for non payment of rent, which is the most common reason Louisiana law says you have to give the tenant five days to vacate.
[00:02:39] Speaker A: Okay, five days sounds simple, but here.
[00:02:42] Speaker B: Is the massive knowledge nugget. It's five business days.
[00:02:45] Speaker A: Ah, let's zoom in on that. Why is the business day rule so important?
[00:02:49] Speaker B: Because you cannot, under any circumstances, count Saturdays, Sundays, or legal holidays. And you have to think about the local ones too. Mardi Gras, Good Friday, they stop the clock entirely.
[00:03:01] Speaker A: So if you missed that, your notice is just invalid.
[00:03:03] Speaker B: Prematurely invalid. You failed before you've even started.
[00:03:06] Speaker A: Let's run a quick hypothetical, because this is where landlords must be losing so much time. Say I post a notice on a Thursday.
I'm feeling efficient. I count Friday. That's day one. Then Monday, Tuesday, Wednesday, Thursday.
That's five days. Can I file that next Friday morning?
[00:03:21] Speaker B: You probably could. Unless one of those days was a holiday. If that Monday was, say, a federal holiday, your day two isn't until Tuesday. The whole timeline shifts. Wow, that kind of diligence is just non negotiable.
[00:03:34] Speaker A: So takeaway number one for you is get a calendar and strictly cross out every single non business day before you even start counting.
[00:03:44] Speaker B: Exactly. And once you've calculated the timeline, you need proof, bulletproof proof that the tenant got it right.
[00:03:50] Speaker A: So how do you make that notice legally stick? You can't just text them or slide it under the door.
[00:03:55] Speaker B: No, absolutely not. The requirements are tight. It has to be either hand delivered. That's personal service, the gold standard, or it has to be tacked posted securely on the front door of the actual unit.
But, and here's the procedural catch. The tacking has to be done in.
[00:04:11] Speaker A: The presence of a witness or a professional process server.
[00:04:13] Speaker B: I'm guessing that's the best way, because when you get to the hearing, the tenant's easiest defense is always I never saw it, I never got the notice.
[00:04:22] Speaker A: And that's where the proof comes in. The guide really stresses this notarized affidavit of service.
[00:04:28] Speaker B: It is everything.
That affidavit is a sworn statement.
It often comes with GPS tagged photos showing the notice on the door, the time, the date, it just collapses that I never got it defense.
[00:04:39] Speaker A: So that document alone can save weeks of delays.
[00:04:42] Speaker B: Without a doubt.
[00:04:43] Speaker A: Okay, so we've nailed the notice. We've correctly weighted the five business days.
Now where do we physically take this paperwork? Let's talk jurisdiction.
[00:04:52] Speaker B: Ah, yes, Filing in the wrong court sounds simple, but it's a quick way to lose Both your time and your filing fee.
[00:04:59] Speaker A: And the guide calls the Baton Rouge area a jurisdictional patchwork.
[00:05:03] Speaker B: It really is. It's a patchwork. You have to know not just the parish, but often the exact city limits or the specific ward the property sits in.
[00:05:11] Speaker A: Okay, so let's break that down. Start with the big one. East Baton Rouge. Paris.
[00:05:14] Speaker B: Right. If your property is located inside the official Baton Rouge city limits, you file downtown at Baton Rouge City Court.
[00:05:21] Speaker A: And the fees there, they start around.
[00:05:23] Speaker B: $162 for one defendant. Plus you have service fees. It's the busiest, most formal eviction court in the whole region.
[00:05:30] Speaker A: But what if I'm in East Baton Rouge Parish but outside the city, like, say, Central or Zachary?
[00:05:36] Speaker B: Then you're dealing with the justice of the peace, the JP Courts.
[00:05:40] Speaker A: And those are different.
[00:05:41] Speaker B: Very. They're less formal, which can be good. But their jurisdiction is strictly limited by specific street addresses. You have to confirm which JP covers your property or. Or the case will get bounced instantly.
[00:05:53] Speaker A: Okay, what about the surrounding parishes? Let's say Livingston.
[00:05:56] Speaker B: Livingston is basically split. If you're near Denham Springs, you'll probably file at the Ward 2 City Court. They handle a ton of evictions. Fees are a little lower, maybe starting around $141.
[00:06:07] Speaker A: And if you're out in the more rural parts of Livingston, then you're back.
[00:06:11] Speaker B: To the local justice of the peace for that area.
[00:06:13] Speaker A: And finally, Ascension Parish, that whole area sprawling between Baton Rouge and New Orleans.
[00:06:20] Speaker B: Most of those evictions are handled at the Ascension Parish court in Gonzales, or again, by the local JP the real key is just verifying. Call the clerk before you go.
[00:06:31] Speaker A: That jurisdictional map is invaluable.
Okay, so we're in the right court. The five business days are up. The tenant still hasn't left. What's the legal action called?
[00:06:41] Speaker B: Now you file the rule for eviction. That's the formal petition.
[00:06:44] Speaker A: And what do I need to bring to the clerk of the court?
[00:06:47] Speaker B: You need to bring three things. A copy of the lease, a copy of that 5 day notice you served, and most importantly, that notarized affidavit of service.
[00:06:56] Speaker A: You're proving you did all your homework.
[00:06:58] Speaker B: You're showing the court that every single prerequisite step has been followed to the letter.
[00:07:03] Speaker A: And once that's filed, the court issues something called a citation. What's the difference between the notice we served and this citation?
[00:07:10] Speaker B: That's a great question. The notice to vacate is from the landlord. It's the warning that terminates the tenancy. The citation is from the court. It's a legal order commanding the tenant to show up for the hearing at a specific time and date.
[00:07:23] Speaker A: And that has to be served professionally?
[00:07:25] Speaker B: Yes. This is a formal legal document. It's usually served by the city constable or the sheriff's department.
[00:07:30] Speaker A: Is there any way to speed that part up? Sometimes that can take a while.
[00:07:34] Speaker B: There is. The guide notes that if things are moving slowly, you can sometimes request a private process server to serve the citation.
Again, paying a professional often saves you weeks of just waiting.
[00:07:47] Speaker A: So let's fast forward. We're at the hearing. I've got my ledger, my affidavit, my lease. The judge rules in my favor and signs the judgment of eviction. What happens to the tenant? Right then?
[00:07:58] Speaker B: The clock starts ticking.
And it's a fast clock. The tenant legally has just 24 hours after that judgment is signed to completely move out.
[00:08:07] Speaker A: 24 hours. That is almost no time at all. So if they don't leave, I know a lot of landlords who would be tempted to just change the locks at hour 25.
[00:08:15] Speaker B: And the guide is crystal clear on this. That is the single most damaging mistake a landlord can make.
[00:08:20] Speaker A: To change the locks themselves?
[00:08:21] Speaker B: Yes. Changing the locks, cutting the power, moving their stuff out to the curb. Yeah, it's all strictly prohibited. It's called an illegal self help eviction.
[00:08:28] Speaker A: Wait, even after a judge has signed the official judgment?
[00:08:31] Speaker B: Even then, the judgment gives the landlord the right to possession, but the enforcement of that right must still go through the court.
[00:08:39] Speaker A: So if you do it yourself, what happens?
[00:08:41] Speaker B: You open yourself up to a lawsuit from the tenant, and you might even be forced to let them back in while all the new legal mess gets sorted out. It just completely undermines everything you just did correctly.
[00:08:51] Speaker A: So what is the only legal way to enforce the judgment after that 24.
[00:08:56] Speaker B: Hours is up, the landlord has to go back to the courthouse, back to the clerk of court, and pay for one final document. The warrant of possession.
[00:09:05] Speaker A: The warrant of possession.
[00:09:06] Speaker B: That's the piece of paper that authorizes the constable or the sheriff to physically go back to the property, remove the tenant, and move their belongings to the curb. That is the only legal way.
[00:09:17] Speaker A: That is a massive distinction. Okay, let's use our last section to really drill down on the biggest mistakes that force people to start over. What are the top three landmines?
[00:09:25] Speaker B: Well, the guide lays out three big traps that just reset the clock entirely.
[00:09:30] Speaker A: Let me guess. Trap number one involves money.
[00:09:33] Speaker B: It does.
Trap one is accepting partial rent.
Think about it. The notice to vacate legally terminated the lease.
If you, the landlord, accept any money after serving that notice, even a dollar, you have technically re established a tenancy.
[00:09:52] Speaker A: So the whole eviction is voided?
[00:09:54] Speaker B: It may be, yes. And you have to serve a brand new notice and start the five day count all over again.
[00:09:59] Speaker A: That's a tough one. You want your money, but taking it kill your timeline.
[00:10:03] Speaker B: It's a harsh dilemma, but the process requires absolute discipline. You accept the money, you accept the delay.
[00:10:09] Speaker A: Okay, what's trap number two? I'm guessing it goes back to serving the notice.
[00:10:13] Speaker B: It does. It's improper tacking. We said the notice has to be on the door. The guide is specific. Taping it to a fence or a common hellway bulletin board or a mailbox, that's often not good enough.
[00:10:25] Speaker A: It has to be on the door.
[00:10:26] Speaker B: Of the actual unit directly attached to the physical unit door. If the tenant can successfully argue service was insufficient. You are right back at square one.
[00:10:34] Speaker A: And the third landmine is a little more subtle. Something about the type of tenancy.
[00:10:38] Speaker B: Yes. This is the month to month trap. The five day notice we've been talking about is specifically for nonpayment of rent under an active lease. Right, but what if the tenant's lease already expired? Or they never had one and they're just on a month to month basis?
[00:10:52] Speaker A: The notice period is different.
[00:10:53] Speaker B: Drastically different. For a month to month tenant, you just want to move out. Not for nonpayment, but just because you're not renewing.
The law requires a 10 calendar day notice.
[00:11:05] Speaker A: 10 calendar days, not five business days.
[00:11:07] Speaker B: Exactly. And it has to be given before the end of the month. Mixing up those two notice types, 5 day for default versus 10 day for non renewal, is a classic mistake that gets the case dismissed.
[00:11:18] Speaker A: Okay, let's consolidate this for our listener. We've covered the fees, the lawyer requirements. The whole theme here seems to be procedural perfection.
[00:11:26] Speaker B: It is. And if you step back and look at the big picture, all of these intense rules, the business days, the strict service, the ban on self help, it all highlights how protective the courts are of a tenant's right to due process.
[00:11:39] Speaker A: Even in a so called landlord friendly state.
[00:11:42] Speaker B: Exactly. Even in a state known for speed. The courts prioritize the rulebook above all else.
[00:11:48] Speaker A: So what does this all mean for you, the landlord or investor trying to navigate this?
[00:11:53] Speaker B: I think the guide makes it crystal clear. The keys to success in the Baton Rouge Metro are one, getting the clock right with the business day rule, Two.
[00:12:01] Speaker A: Getting that notarized affidavit of service to.
[00:12:04] Speaker B: Protect yourself, and three, accepting that enforcement can only come from the court through that warrant of possession.
[00:12:11] Speaker A: Which leaves us with a final, I think important question for you to consider. If you have to follow every single one of these mandatory steps the full five business day count, the service, the filing, the hearing, then the 24 hour wait and then going back for the warrant, how often does the actual timeline to get your property back end up being much longer than the perceived speed of the law?
[00:12:31] Speaker B: It suggests that being diligent is a lot more important than just trying to be fast.
[00:12:35] Speaker A: Diligence is speed in this process. A compelling thought to chew on this deep dive was based on expert guidance provided by Scott Frank of Lafayette Process Servers llc, who operate as Baton Rouge Process Servers. We really appreciate you letting us unpack your critical sources today. Until next time.
