Lafayette , LA Landlord rights

1 Reply

I have a tenant that is always late and pays in partial payments. She is not threatening to not pay the balance owed. How do I start the eviction process in Lafayette Parish? I do not want to allow her to stay through the month of December. If i refuse the payment, can I evict her? Also, she sends payments electronically through venmo and cashapp. Can I send them back to her if they are partial? I sent a notice today, NO Partial payments will be accepted as of 12/1. She has been in the home for 5 months and it is the same fight each month. 

Once you've accepted late or partial payments, you establish a precedent (or expectation) for the tenant. You do have to give a notice that you will no longer accept the partial or late payments before you can enforce a "new" requirement. 

This is generally how it works and only an attorney can give you the specific legal answer when they have all of the facts of your situation. I did PM you a recommendation for someone who can help you with that. Sometimes, tenants will "straighten up and fly right" after you establish clear expectations and consequences for noncompliance.

A couple other points to ponder, December is a bad time to have a vacancy or to ask a judge or JP to evict.  What is your late fee policy? I have several tenants who are good in every other way, but they are habitually late by several days and it just amounts to me getting $30-50 extra every month, because they just have bad habits for how they handle their rent payments.

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