1.4.2 Eviction
1.4.2 Eviction aetrahan Mon, 05/01/2023 - 14:02There are two grounds for eviction: (1) “no cause”, i.e., the expiration of the lease; and (2) “for cause”, i.e., a violation of the lease, including nonpayment of rent. “No cause” evictions are evictions where the landlord wishes to take possession of the unit due to no fault of the tenant and most commonly involve 10-day terminations of month-to-month leases. In “for cause” evictions, the landlord is generally seeking possession of the unit due to some alleged contractual breach by the tenant.
The grounds for eviction must appear in the Rule for Possession and the Notice to Vacate, if there is one.1 Identifying the ground for eviction is important because some defenses apply to all evictions, while others are specific to the type of eviction.
- 1La. C.C. art. 4731(A); La. State Museum v. Mayberry, 348 So.2d 1274 (La. App. 4 Cir. 1977).