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[hewlett]

I've had some people freeloading and I want them out, I have written up a contract that gives them until October 10th 2008 to leave and that if during the rest of their stay here if they cause any damage to the property, make threats to me, my fiance or our pets or if the harm or attempt to harm us or our pets that they will immediately forfeit their rights to stay in this house and shall be removed immediately. Which, all and all, I think is pretty fair.

However, I'm worried that they may refuse to sign it, we own our home and they are just staying here, if they refuse to sign the contract can we have them removed immediately? I mean, after all, in a rental agreement, you don't sign you don't stay, would the same apply in a situation like this?

I know I should have done a contract when they first moved in but I didn't think someone I thought was a friend would stab me in the back like this, I learned my lesson that's for certain!

If they refuse to sign can I have them removed? We tried kicking them out before but the cops told us we had to give these freeloaders a notice before kicking them out and spend money having them evicted even though they have not paid rent!

With a contract like this could I put in there "failure to sign this contract will result in immediate removal from the home"?

This is in Louisiana by the way in case anyone knows the exact laws here.

[matyas]

Sorry, but whether or not the "house guest" pay rent does not matter. By staying there they are tenants in fact. You must evict them using the process outline by state law.

In Louisiana, a landlord can only evict a tenant through judicial process. Lock-outs, removal of the tenant’s property, utility terminations or otherwise rendering the premises uninhabitable or inaccessible, are prohibited. The landlord cannot disturb the possession of the tenant in any way without first resorting to the judicial process.

To evict a tenant because of the termination of the lease by expiration of its term, nonpayment of rent, or for any other reason, the following actions are necessary.

a. Prepare a Notice to Vacate Premises which is properly addressed to the tenant that gives him/her five (5) days to move for nonpayment of rent.

1. Do not include holidays or weekends when counting the five days.
2. The Notice to Vacate Premises should not contain a specific date to vacate but should simply state that tenant has five (5) days from date of delivery of notice.
3. Do not include holidays or weekends when counting the five days.
4. Retain a copy of the Notice to Vacate Premises for yourself. (Must be signed by you and your witness).

5. THE PERSON WHO ACTUALLY DELIVERED THE NOTICE TO VACATE SHOULD BE PREPARED TO PROVE SUCH DELIVERY.

b. If the tenant has not moved within five (5) working days after handing, posting, or receipt date of the certified mail notice, you may file a Rule to Evict. The procedure for filing an eviction suit follows:

c. If an agent will appear at the scheduled hearing, an affidavit must be signed by the owner/lessor and filed with the Civil Division of the Clerk of Court’s Office that authorizes this individual to act in that capacity. That affidavit will be maintained in the Civil Division and will eliminate the necessity of filing additional affidavits on future cases involving the same agent.

d. This office will have notice served on the tenant by the City Constable which informs the tenant that you are suing him/her for eviction and giving him/her a date to appear in Court if he/she wishes to contest the case. The Court date will be approximately two (2) weeks from the date the suit is filed. The Court date will be given to you when you file your suit, or it will be mailed to you.

f. If the tenant or possessions continue to remain in premises on the morning of the Court hearing, you MUST appear before the Judge. If you handed the Notice to Vacate Premises to the tenant, or posted it, you MUST bring one of your witnesses with you. The Judge will ask your witness, under oath, to confirm that he/she saw you personally deliver or post the notice to the tenant.

II. If you are evicting a tenant in accordance with LA C.C.P. Art. 4701 and 4731 which authorizes waiver of the "Notice to Vacate" requirement, you must bring a copy of the lease when you file your eviction. When presenting this document, please highlight that waiver provision.

III. If the tenant remains on the premises twenty-four (24) hours after you are granted Judgment of Eviction, you can call the Constable's Office to make arrangements for the execution of the Writ of Possession.

[lundie]

I would forget the contract. Just tell them to get the hell out. If they refuse, call the police and tell them that there are people trespassing on your property and they refuse to leave. The cops should come remove the trespassers.

If they claim they have a right to be there or claim they have the right to a certain notice period, tell them to show the cops a copy of their rental agreement.

Be prepared to show proof that you are the owner of the house.

[arrigo]

Um i think your cop was full of crap. if you don't want them there its trespassing... parents can even kick out their kid (over the age of 18) if they don't want them there. and if your cop is not lying (im not from Louisiana) then i think your contract is a good idea... and you should keep that part about not signing and getting kicked out... you should get in notarized if they sign it tho... because without that its just a piece of paper. and hey if they dont want to leave your house for good then you can change the locks while they are out... and if they call the cops the cops cant do anything because they dont legally live there.

[nicolas]

Holy crap! You still haven't gotten them out?
If you need certification that they have received said notice, send it certified mail. That way you will have evidence that they have received it. I think you only have to give them a months notice to get out.
Good luck!


They don't get mail there? I would take them to a Notary Public so they can sign the paper, and you would have a credible witness.
If they don't sign, pack their crap up and change the locks. Don't forget a restraining order.