I own a 2 bedroom 2 and a half bath condo in Louisiana. My boyfriend and I occupy the master bedroom and we have a roommate who occupied the other bedroom.. when the roommate moved in we did not make him sign a lease agreement it was more on a month to month basis.. at the beginning of July I told him it wasn't working out anymore because he was constantly late with bills and it was a fight all the time with getting bill money... it was understood and told to him he would have to move out at the end of July... well here we are on aug 3rd and he has been gone for the past week and hasn't tried to contact us and his things are still in the house.. I need to know what my next move is.. I'm so fedup that I really just want him out of my life and his things out of my house.. with him not being on any kind of lease do I need to get an eviction from the courts?

Yes, any eviction has to be though the courts, They may even require written notice, not just "telling him"

Quote:

---

Originally Posted by Fr_Chuck

yes, any eviction has to be though the courts, They may even require written notice, not just "telling him"

---

They would require a 5-day written notice. Details are here.

Although Louisiana can be a weird place sometimes, legally speaking, because of it's Civil Code, it's eviction laws are similar to the eviction laws in the other 49 states in this respect.

It's arguable that he has abandoned the place, in which case you should put his stuff in storage. Do you have an address for him? Give him written notice to quit. Also send him notice that it appears that he has left, as you told him, but that his personal property is still there. Ask what he intends to do with it. Say that if you do not have instructions within a given amount of time that you will put it in commercial storage.

Thanks for the responses.. he left his cell phone at the house when he left over a week ago saying he would be back to get his things so no communication through that can be made.. I tried getting him through Facebook. But have had no responses back from him I also tried to call his father who when my roommate moved in gave me his number in case I ever needed anything.. but apparently him and his father had a fall out about 2-3 weeks ago and didn't even know he was moving back to Mississippi like the roommate told us he was.. my only other problem is that if me and my boyfriend were to find someone to move in to help with bills I don't have the space because his stuff is still there.. I have no way of getting in touch with him so getting an eviction from the court I don't think would do me any good because there is no way to get it to him... I'm sorry I'm rambling but I'm at a loss right now.. I don't know if it cost to do these things at the court house and I don't have the money to waste on him because he is being irresponsible.

Here are your choices - evict him according to law (and you CAN send the papers to his father's house if that's the last known address you have) OR just throw his stuff out and wait for him to sue you... and win a judgment against you.

The law protects BOTH of you.

You don't have to find him to evict him, notice of service is placed on the door, and/or a second service done to his fathers and they go on with court, he just never shows up, there is an eviction notice and it is done legal.

Any other way, and you will be back here when he sues you for the value of his property that is missing

Quote:

---

Originally Posted by JudyKayTee

... (and you CAN send the papers to his father's house if that's the last known address you have) ...

---

Not if you know that he doesn't live with his father.

Quote:

---

Originally Posted by Fr_Chuck

You don't have to find him to evict him, notice of service is placed on the door, and/or a second service done to his fathers and they go on with court, he just never shows up, there is an eviction notice and it is done legal. ...

---

I am not saying this is incorrect, but I don't see anything in the Louisiana Code of Civil Procedure having to do with placing a notice on the door or serving him at his father's.

Yes, an eviction notice can be placed on the door, but the actual summons (or whatever Louisiana calls it) is something else.

In order to achieve effective service of process you have to do it according to the pertinent rules.

The question is whether you request to vacate by the end of July was in writing or not. If it was in writing,then I would take the stance that he vacated. I would send a letter to his last known address (which is yours) stating that he has 1 week to clean out his things or you will put them in storage at his expense.