Are you afraid of losing your safe place, your home?

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Are you afraid of losing your safe place, your home?

by | Aug 17, 2021 | Bankruptcy

In the last year, home has become a refuge.  A place where you and your family can take off your mask and feel safe.  Due to the COVID-19 emergency and the residential eviction ban which has expired, thousands of Americans will face losing their safe place, their home.

Help is available.   But you must act NOW.

If you are behind on your rent and you owe other debt, give us a call for a free consultation.  Bankruptcy may be able to help. Click here to know your bankruptcy options.

If you or someone you know is facing eviction, please take advantage of the Louisiana Emergency Rental Assistance Program. (https://www.lastaterent.com/).  The Louisiana Emergency Rental Assistance Program also aids with utilities.  This is not the time to go without air conditioning.

If you live in another state, you can find help on the Consumer Financial Protection Bureau website. (https://www.consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/renter-protections/find-help-with-rent-and-utilities/?utm_source=vanity&utm_medium=outreach&utm_campaign=renthelp)

In Louisiana, if you are behind on your rent, know the process.  Below is the rental eviction process:

First, you must be served with a notice of termination*.  The notice should give you at least 5 days to move out of your home.  The notice must state the reason you are being evicted.  Delivery of the notice may be by landlord or served by the sheriff.

Second, if you do not leave the property, your landlord can file for possession of the premises.  This is called a Rule for Eviction.  A copy of the Rule for Eviction will be served on you by a sheriff deputy or a constable**.

Third, a hearing can be held at least 3 after the Rule for Eviction has been served.   At the hearing, the landlord must establish why you are being evicted.  Once your landlord has proved to the court that you are behind on your rent, then you are allowed to prove that you are not behind on your rent, or if you are behind why you are behind and why you should be allowed to stay in your home.  If the landlord wins his argument, then an order of eviction will be issued immediately.

Fourth, if you do not leave the premises with all your belongings within 24 hours of the order of eviction being signed, then a writ of possession will be issued.  The writ of possession directs the sheriff or constable to immediately evict you from the premises.  This means the doors and windows can be opened, your belongings removed, and you removed from the premises.  If your personal belongings are in the property, these items can be seized and sold to pay for the cost of the eviction.

Don’t wait until you are evicted to search for help.  Do it today.

*If you have waived your right to a notice, the law is different than the above.

**If you live in Orleans Parish the rules on service are different.

The above information is for educational purposes only and not legal advice.  Please seek a qualified attorney to help you with your specific legal need.