Updated about 7 years ago on . Most recent reply
Louisiana eviction based on restraining order
Hello, I'm new to the forum. I have a single family house in Louisiana currently being managed by a PM company. A couple of weeks ago we were notified by the PM that the tenant's neighbor filed a restraining order against our tenant. Specifically, the restraining order was because the tenant allegedly threatened the neighbor's kid. Court is scheduled for 15 May. PM has received a lot of pressure from the HOA to evict the tenant, however I was unwilling to do so until the courts settle the matter and our tenant has a chance to respond to the restraining order. Two days ago I received a termination letter from our PM. After speaking with them, they want to terminate our contract because they are concerned the tenant will end up violating the restraining order and the PM will therefore be held accountable. They did this on advice of their legal counsel.
I have a few questions: Can we legally evict a tenant because of an unsettled restraining order? Since the PM chose the tenant and everything happened while under contract with me, aren’t they liable regardless? If I allow the PM to move forward with eviction, can I personally be held accountable?
Appreciate any insight!