Episode Transcript
[00:00:00] Speaker A: Welcome back to the Deep Dive. Today we have a stack of sources that really get into the weeds of property management. We're doing a deep dive into the surprisingly rigid legal world of evictions right here in the New Orleans metro area.
[00:00:14] Speaker B: And we're not just talking about general law here. We're looking at a very specific zone. Orleans, Jefferson, St. Bernard and St. Tammany parishes. It's a place where, you know, the local courts have set up what our sources are calling an absolute minefield for landlords.
[00:00:30] Speaker A: A minefield, really? And what are the stakes? I mean, it seems to all come down to one single, deceptively simple piece of paper.
[00:00:37] Speaker B: That's right, the five day notice to vacate.
[00:00:39] Speaker A: And if you get that wrong, it's.
[00:00:40] Speaker B: Not a minor slap on the wrist. You're looking at months of lost rent because a judge will just toss your case out and you have to start the clock all over again.
[00:00:47] Speaker A: Wow. So the laws in Orleans and Jefferson are really that strict?
[00:00:51] Speaker B: Oh, they're notoriously strict. The judges, especially in the big courts like First City Court or the 24th GDC, they demand paperwork that is, I mean, absolutely precise, error free.
They're looking for any reason at all to dismiss a case, and a tiny technical mistake is the easiest way out for them.
[00:01:10] Speaker A: Okay, so there's zero tolerance. Before we dig into exactly what those mistakes are, we have to do our crucial mandatory reminder.
[00:01:18] Speaker B: Absolutely. The information we're about to discuss is for informational purposes only. It's all drawn from the source materials we've gathered.
[00:01:25] Speaker A: Right. We are not attorneys.
[00:01:26] Speaker B: Definitely not. Neither we nor the source material provider, Lafayette Process Servers, llc, provide any legal advice. And we don't represent anyone. For actual legal help, you have to contact a licensed attorney or your local bar association.
[00:01:39] Speaker A: Okay. With that out of the way, let's get into the biggest trap of all. That critical first step, the five day notice. So the notice to vacates, the legal start button. Right. But it's also where everything just seems to fall apart for so many landlords.
[00:01:50] Speaker B: It really is.
[00:01:51] Speaker A: Why is a judge so skeptical of, you know, a landlord just taping a note to the door and taking a picture?
[00:01:57] Speaker B: It really comes down to what's called procedural due process.
The court needs a guarantee, an absolute guarantee that the tenant got that official notice and had the full five days.
[00:02:08] Speaker A: To respond to pay up or move out.
[00:02:10] Speaker B: Exactly. And a landlord's own photo of a piece of paper on a door, it's just not that guarantee. It's evidence you created yourself. It's often blurry and it just doesn't have the legal weight.
[00:02:20] Speaker A: But wait a minute. If I have a photo and it has a timestamp on it, isn't that something? I mean, why won't a judge even look at that?
[00:02:26] Speaker B: Because the judge knows exactly what's coming next. The tenant gets on the stand and just says, I never got it.
And now you're in a he said, she said situation.
And when that happens, the judge almost always defaults to protecting the tenant. The sources are crystal clear on this.
If your proof isn't bulletproof, your case is likely getting dismissed right there.
[00:02:49] Speaker A: And that's when you lose months of rent.
[00:02:51] Speaker B: That's the financial penalty. You're back to square one.
[00:02:53] Speaker A: Okay, so let's drill down on the biggest reason these things fail.
The sources say the number one reason evictions get tossed in first City court isn't about rent. It's about getting the service calculation wrong.
This is the day counting trap.
[00:03:09] Speaker B: This is the absolute core of it, the legal nuance that trips almost everyone up. You have to count those five days correctly. And here is the golden rule. Holidays do not count. Weekends do not count.
[00:03:21] Speaker A: So it's five business days.
[00:03:23] Speaker B: Five full business days have to pass. Yes.
[00:03:25] Speaker A: Okay, let's walk through the scenario that tanks thousands of these filings. I'm a landlord. I tape the notice to the door late on a Friday afternoon. Okay, I'm thinking, great, Saturday, Sunday, Monday, Tuesday, Wednesday. I can file on Thursday.
[00:03:38] Speaker B: And that's the mistake. That is the devastatingly expensive mistake. The clock doesn't even start until the next business day. So Monday is day one. Tuesday is day two. Wednesday, day three. Thursday is four. Friday is day five.
[00:03:52] Speaker A: So the absolute earliest you could even think about filing the lawsuit would be the next Monday.
[00:03:57] Speaker B: Precisely. You have to let that full fifth business day expire.
[00:04:00] Speaker A: But what if that Monday is, say, a holiday, like Columbus Day or something?
[00:04:05] Speaker B: Ah, now it gets even trickier. Let's stick with that Friday service. Say the following Monday is a holiday. Okay, well, Monday doesn't count. The clock starts on Tuesday. That's day one.
[00:04:15] Speaker A: Right.
[00:04:15] Speaker B: Wednesday is day two. Thursday is day three. Friday is day four. Then you hit the weekend, which doesn't count. Doesn't count. So the next business day is the following Monday.
[00:04:24] Speaker A: Okay, so that Monday would be day five, and I can file on Tuesday.
[00:04:28] Speaker B: Close, but that's another trap. Friday was day four. So the next business day, Monday, is actually day five. You can't file until Tuesday.
[00:04:37] Speaker A: Oh, wow.
[00:04:37] Speaker B: So. So the landlord, thinking they're safe, files on that Monday, the judge looks at the calendar, sees the five full days haven't passed, and bang, throws the whole case out.
[00:04:47] Speaker A: That is just a brutal technicality. Filing one single day too early costs you everything. You have to start the whole notice period over again.
[00:04:55] Speaker B: It's a devastating error, and it's born purely from not knowing the procedure. The court isn't trying to be difficult. You know, they're just following the letter of the Louisiana law on what constitutes proper notice.
[00:05:06] Speaker A: So if doing it yourself is so risky, what's the professional solution? How do you get past this gateway?
[00:05:13] Speaker B: It's all about verified service.
I mean, you're basically managing your risk. The DIY approach is just. It's a huge risk. You've got the risk of a confrontation with the tenant, you've got the risk of not knowing the law, and you end up with that he said, she said. Proof that judges just hate.
[00:05:30] Speaker A: Let's talk about that confrontation risk for a second. The sources kept mentioning the need to avoid, quote, unquote, uncomfortable, often dangerous work.
[00:05:38] Speaker B: And that's exactly why you hire a registered process server. They are a neutral, objective third party. They are not emotionally invested in the situation, which is just crucial.
[00:05:49] Speaker A: And we saw a pretty specific example of a high risk scenario, didn't we?
[00:05:52] Speaker B: We did. One of the sources mentioned a successful case dealing with a really volatile squatter situation in the Garden District. Think about it. You have someone who is hostile. Maybe they're aggressive. Maybe they're actively avoiding you. Sometimes people are armed. A landlord should never, ever try to serve that notice themselves.
The server handles that tension. They keep the owner safe and get the legal paperwork done. Right.
[00:06:17] Speaker A: So the server removes the personal conflict and the documentation they provide becomes an insurance policy against getting your case dismissed.
[00:06:25] Speaker B: It's the whole ball game. The proof they generate is a notarized sworn affidavit. And that affidavit immediately elevates your evidence. It's not just your word against theirs anymore. It's certified legal documentation. Judges accept it, period.
[00:06:40] Speaker A: So what makes it so unassailable? It's more than just a signature on a piece of paper, right?
[00:06:44] Speaker B: Oh, it's a whole protocol. The service is GPS verified, it's photo documented. They get the exact time and coordinates of where the notice was served, and critically, they use Louisiana's specific method if the tenant won't answer the door. It's called tac and mail.
[00:06:58] Speaker A: Tack and mail. Okay, explain that. Why is that phrase so legally important here?
[00:07:01] Speaker B: It is the legally recognized standard in this state for what's called Substituted service.
If the tenant won't open the door or if they're just hiding inside, the server literally tacks the notice to the door, takes a clear picture of it, and at the same time mails a copy.
[00:07:17] Speaker A: And why is that better than, say, sending it certified mail?
[00:07:21] Speaker B: Because certified mail can be refused, or it just sits at the post office unclaimed. It gives the tenant an easy out. Tack and mail done by a registered professional proves the notice was delivered to the property. It satisfies due process.
[00:07:36] Speaker A: So even if the tenant rips it down five seconds later. Doesn't matter.
[00:07:39] Speaker B: It doesn't matter. The case stands on the server's sworn affidavit. That piece of paper is what protects your revenue.
[00:07:45] Speaker A: And what's really interesting is that this service doesn't stop after the notice is posted.
[00:07:49] Speaker B: But that's right. Once those five correctly counted days have passed, the clock is ticking to file the actual eviction petition process. Servers often double as courthouse runners, meaning.
[00:08:00] Speaker A: They physically take the paperwork to the court.
[00:08:02] Speaker B: They take the whole packet, including that notarized affidavit, right to the clerk of court, and they know the exact filing requirements for the 1st City Court or the 24th JDC, which prevents your petition from being rejected for, you know, some other tiny procedural error.
[00:08:19] Speaker A: It's all about that local knowledge. And it's worth noting for you listening. The providers we're referencing are BBB accredited and members of the local chambers of commerce. They know these courts inside and out. Okay, so moving from the how to the where, this is another huge trap, isn't it? The jurisdictional patchwork of the New Orleans metro area.
[00:08:39] Speaker B: Wow, that's a big one. Sending paperwork to the wrong court is an immediate dismissal, no questions asked.
[00:08:45] Speaker A: And what defines this patchwork?
[00:08:47] Speaker B: It's fascinating, really. Which court handles your case literally changes depending on which side of the river you're on or even which side of a parish line your property is on. You have to have this hyperlocal knowledge.
[00:08:57] Speaker A: Okay, let's start in the heart of it. Orleans Parish, New Orleans proper. I hear the judges there are very focused on tenant protection.
[00:09:03] Speaker B: They are, which means the bar for proof is very high. And Orleans is split. Most of the city, French Quarter, Garden District, mid city, that all falls under the first city court. It's the busiest eviction court, and they scrutinize every single piece of paper.
[00:09:18] Speaker A: And if you're across the river on the west bank of Orleans Parish, then.
[00:09:23] Speaker B: You'Re in Algiers, and that's the second city court. The main thing to know for Orleans Parish is that you have to assume the judge will demand pristine paperwork. If your 5 day count is off by an hour or your affidavit is flawed, they will find it.
[00:09:36] Speaker A: So the higher the scrutiny, the more you need that professional proof.
[00:09:39] Speaker B: 100%.
[00:09:40] Speaker A: Okay, let's move west into Jefferson Parish, Metairie, Kenner, Gretna. What's the setup there?
[00:09:47] Speaker B: Jefferson also has a split system. If you're on the east bank, like in Metairie or Kenner, you go to the first Parish court. If you're on the west bank in Gretna, you go to the second Parish court.
[00:09:57] Speaker A: So it sounds similar to Orleans, two major courts.
[00:09:59] Speaker B: It is. But Jefferson adds another layer of complexity. They also use justice of the Peace courts or GP courts.
[00:10:06] Speaker A: Okay, what's the difference between a parish court and a JP court? For a landlord, why do they need to care?
[00:10:12] Speaker B: Well, parish courts are more formal. They handle higher volumes. JP courts are very local, less formal, and they handle smaller evictions in really specific geographic areas. So for a landlord, you have to know exactly which JP's territory your property falls in.
[00:10:28] Speaker A: You can't just guess.
[00:10:29] Speaker B: If you send it to the wrong jp, it's an instant rejection. You've just wasted weeks.
[00:10:34] Speaker A: That is some detailed local knowledge. Okay, finally, let's look at the parishes on either side of the city. St. Bernard and St. Tammany.
[00:10:42] Speaker B: So in St. Bernard parish around Chalmette, eviction cases go to the 34th Judicial District Court, the JDC.
[00:10:49] Speaker A: And a JDC is a step up. Right. More formal.
[00:10:51] Speaker B: It's a higher state court level. They have very strict procedural rules and demand that same level of certified service we've been talking about.
[00:10:57] Speaker A: And what about the North Shore? St. Tammany Parish, with places like Mandeville.
[00:11:02] Speaker B: And Slidell, St. Tammany is maybe the most complex of all. It's a huge parish and it relies on a vast, intricate network of justice of the Peace courts. You're not dealing with one central court, you're dealing with dozens of hyper local JPs.
[00:11:16] Speaker A: So knowing which JP covers a street in Covington versus a street in Slidell is critical.
[00:11:21] Speaker B: It's absolutely essential.
[00:11:23] Speaker A: So if we pull back, a single landlord could own a rental in Algiers, which is Second City Court, and another one in Mandeville, which is the City Tammany JP system.
They'd need two completely different plans just to file the exact same notice.
[00:11:36] Speaker B: Absolutely. The logistics are the real landmine here. A professional service provider has to know not just how to serve, but exactly who files where. Without that, you're just flying blind and you're going to lose money.
[00:11:46] Speaker A: So if we boil all this down, what does this mean for a property owner? We've learned the New Orleans metro courts are just, I mean, intensely technical.
[00:11:54] Speaker B: The key takeaways are really twofold.
First, the clock is not your friend. If you don't understand the law, that strict counting rule, no weekends, no holidays, can push your filing date back by a week or more. You have to get that math right.
[00:12:08] Speaker A: And second, professional service is not really a luxury, it's a necessity.
[00:12:12] Speaker B: It's your insurance policy.
That combination of GPS tracking, photo proof, and a sworn notarized affidavit is the only thing that satisfies these judges. It protects you from losing months and months of revenue.
[00:12:26] Speaker A: You know, the sources kept coming back to the human side of this, that process servers handle the uncomfortable, often dangerous work they did.
[00:12:34] Speaker B: We talked about the squatter situation, the aggressive tenants. Personal safety is a real factor here that, you know, people don't always consider.
[00:12:41] Speaker A: And that really leads to a final provocative thought for you to think about. This whole process is designed to be adversarial. And we've seen how procedural mistakes are punished with lost income. So what is the true hidden cost of trying to avoid conflict by serving the notice yourself? To maybe avoid an awkward conversation, Are you actually gambling away thousands of dollars and maybe even your own safety just because you didn't have a piece of paper that was legally certified?
[00:13:07] Speaker B: It's a classic case of being penny wise and pound foolish.
Sometimes the cheapest solution upfront guarantees the most expensive delay down the line.
Protecting your legal process is really about protecting your revenue.
[00:13:20] Speaker A: As always, this deep dive has been purely informational. If you need legal representation or advice on Landlord 10 in Louisiana, please always consult a licensed attorney. Thanks for diving deep with us. We'll see you next time.
