1. The plaintiff comes into Court and files his suit or complaint either in small claims or the regular docket.
2. The defendant is served with a copy of the suit. The plaintiff will be sent a postcard notifying him of the date of service. There is a 10 day waiting period which is the legal delay that must lapse before the plaintiff can continue to execute his claim. The purpose of the 10 day period is to allow the defendant time to file his answer if he wishes to contest the suit. The 10 days are counted from the day the defendant receives the suit.
3. If an answer is filed, a copy will be mailed to the plaintiff along with a request for trial that the plaintiff must sign and return to the Clerk's office. A trial date will be fixed an all parties will be notified of the court date by mail.
4. If an answer is not filed after the legal delay has lapsed, the plaintiff then has the right to come into Court to take judgment against the defendant. (Note: If the defendant comes in after the 10 days, but before judgment has been signed, the answer will have to be honored.
5. After the plaintiff has taken judgment against the defendant, and the defendant still refuses to pay the claim, the plaintiff can execute his judgment by filing a Garnishment or by seizing some belongings of the defendant

NOTE: Every plaintiff has the responsibility of following up his own suit. The Court does not proceed from step to step with a case unless it is requested by the plaintiff. The plaintiff also has to be responsible for the court cost which is involved in filing the suit. The plaintiff will have to put up an advance deposit and will have to keep the cost up as the suit goes on. There is no set cost in filing and processing a suit.

Obtain a five day notice to vacate prior to the expiration of rent from the Clerk's office in the City Court Civil Section. The jurisdiction of the Court is Ward 4, (Sulphur, Carlyss, Westlake and Mossville), if the place being rented is located in Ward 4. The landlord delivers the written notice to the tenant. Service may be made by posting the notice on the door of the tenant if they do not answer the door. Two witnesses must accompany the landlord when notice is given and must sign the landlord's copy of the notice. The delays run straight through the holidays and weekends starting the day after the service is made.

There are special provisions that may apply to written leases, requiring a 30 day advance notice. Please review the written lease to see if that applies.

Rule for possession of premises:

1. If the tenant does not pay the rent or move from the premises after the receipt of the notice to vacate, the landlord can file for eviction and a rule to show cause will be fixed for hearing within seven days. This process is called an eviction suit and a deposit of $75.00 for one defendant and $85.00 for two defendants is required for the filing of this action.
2. The rule is fixed so that both parties may show cause before the Judge. At this time the landlord has the opportunity to show cause why the tenant should vacate the premises and the tenant has the same opportunity to show cause why he should not.
3. If a judgment of eviction is granted to the landlord, the tenant is notified by the marshal's office he has 24 hours to vacate the premises.
4. Final step - Writ of Ejectment

If the tenant does not move within the 24 hour period, then the landlord may request a Writ of Ejectment or warrant for possession. At that time the Marshal meets with the landlord at the address of the rent property and the landlord is given possession of the property. The tenant has to move out voluntarily or by the force of the Marshal, then when the Marshal returns his service on this, a cost bill or a refund is issued to the landlord.

GENERAL INFORMATION ON SMALL CLAIMS

The rules of small claims are basically the same as the filing of a regular civil suit with the following exceptions:

1. There is no appeal in small claims;
2. Your claim must be $3,000.00 or less;
3. Your filing fees are less expensive, and
4. 4. The rules of evidence are more relaxed.

All deposit fees are estimated and accounts will be billed as balances accumulate.

All deposit fees are estimated and accounts will be billed as balances accumulate.

Q. How much notices does the landlord have to give the tenant? Does it have to be hand delivered or can it be mailed?

A. Unless the 5 day notice is waived in the written lease agreement, the landlord must provide at least 5 day written notice to the tenant. The notice can be mailed by or certified mail or hand delivered. If hand delivered, it should be witnessed by at least one other individual. If the tenant is not home the written notice can be posted on the tenant's door.

Q. Is an oral agreement as binding as a written lease?

A. In addition to being harder to prove, a landlord can add provisions in a written lease, such as a waiver of the 5 day notice, and waiver of liability for injuries, that cannot be added orally.

Q. Can you evict for other reasons if rent is paid for the month?

A. Yes, as long as the reason for eviction is stated in the notice or eviction suit.

Q. Can the landlord enter the property to inspect for damages before the tenant vacates the premises? Does the landlord need to give notice to the tenant? How much notice? Does the tenant need to be present for the inspection?

A. Yes the landlord can inspect the property anytime after having giving tenant 24 hours notice. The tenant does not have to be present for the inspection to take place. It is best for this condition to be stated in the lease.

Q. Tenant vacates the property but does not return the keys to the landlord. Does the landlord have to file an eviction or can the landlord simply change the locks?

A. Yes, the landlord can change the locks, but the landlord takes the risk that the tenant may come back and claim he had not vacated the property and a wrongful eviction has taken place for which the landlord would owe the tenant damages. Where a tenant has vacated the premises is a factual issue to be decided on the facts of each case.

Q. Does the landlord need to file an eviction if the tenant has left some or all of their personal possessions on the premises?

A. Just as in the last question, the issue of whether a tenant has abandoned the property is a factual one. If the tenant has abandoned the property, the landlord need not file an eviction, he would only need to send a 15 day written notice by certified mail to the tenant's last known address, that if the tenant did not get the property, it would be deemed abandoned. Then the landlord could dispose of the property.

Q. What does the landlord do with an abandoned vehicle?

A. The landlord should send a 15 day letter to the tenant advising that the vehicle will be removed by wrecker at the tenant's expense. If rent is owed the landlord can file a suit for eviction and Writ of Sequestration to hold vehicle as payment for rent.

Q. What does the landlord do with a mobile home if the tenant does not move it after the eviction judgment has been granted? What is considered neutral territory?

A. The mobile home can be moved by a mobile home moving service at the cost of the landlord, who can try to recoup the money from the tenant by filing a suit for damages. If rent is owed, and the mobile home is of any value, the landlord can seize and sell the mobile home back due rent and/or cost of moving mobile home. If a mortgage is owed on the mobile home, the mortgagee would have to be paid first.

Q. If the utilities are in the name of the landlord and the tenant is not paying the rent/utilities, can the landlord have the utilities turned off before the eviction hearing?

A. The Court advises that the landlord wait until the 5 day eviction notice has been posted unless a written lease is in effect and the lease controls the notice.

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