How does the process work if someone is trying to vacate you from their land but the home is yours? Louisiana. Proof of

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Customer: How does the process work if someone is trying to vacate you from their land but the home is yours?
JA: Estate laws vary by state. What state are you in?
Customer: Louisiana
JA: What documents or supporting evidence do you have?
Customer: Proof of ownership of the home
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Ok
Answered by Attorney2 in 9 mins 7 months ago
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Attorney2
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Attorney2
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Attorney2
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Jessica

Jessica

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Attorney2, Expert

Welcome to JA and thank you for your question. I am the Attorney that will be assisting you.You stated that your home is on someone else’s land. Is your home movable?
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Attorney2, Expert

What you are describing sounds like the land owner is trying to evict you from their land.
Customer
If the front and back portion is torn down the middle section can be removed as the front and back portion was added on. Yes he is trying to evict me from the land.
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Attorney2, Expert

Do you have a written lease agreement with him?
Customer
No written lease agreement. The landowner is my grandfather and he agreed that my father would be able to put the home on his land.
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Attorney2, Expert

The good news is that a land owner cannot force you to leave the land. He must follow the law and cannot take any action without a court order.
Customer
Ok so if any court action is taken , do you think we will have to move and what happens to the home?
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Attorney2, Expert

You relied on the agreement to place your home on his land. He would need to follow the proper legal procedures. If you do not vacate he must obtain a court order. You will have the opportunity to dispute this action in court.
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Attorney2, Expert

You do not necessarily have to move. That would be for the court to decide. You would explain to the court that you placed the home on his land with his permission.
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Attorney2, Expert

This link sets out a tenants rights in Louisiana https://louisianalawhelp.org/resource/evictions-what-rights-do-i-have.
Customer
If I decided to leave the property on my own would you have an idea on how much time we would have to move the home?
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Attorney2, Expert

First he needs to provide you with proper legal notice. He needs to follow the process step by step. Until he provides the notice you do not need to take any action. If you choose to move there should be no reason for him to take this matter to court.
Customer
Ok one more question. Would he be able to enter my home if I were to move out?
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Attorney2, Expert

Do you know what grounds (reason) he has for evicting you? If you abandon the property he wouid need a court order to enter your property.
Customer
He lives next door. There was an altercation(fight) between me and another family member at his home. I wouldnt be abandoning it. I would just need to know how much time I would have to move it off of his property.
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Attorney2, Expert

He needs to provide you with notice first that sets out how long you have to move.
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Attorney2, Expert

To actually get this to court would take him some time.  https://louisianalawhelp.org/resource/eviction-process-in-louisiana-guide   I would try to work out an agreement and get it in writing.

Customer
He had his daughter hang a notice to vacate on my porch feb. 16th and he would give us until feb. 23rd to move
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Attorney2, Expert

He can provide anywhere from a 5 day to 30 day notice.
Customer
Which I will not leave. So he would have to take it to court after that point correct?
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Attorney2, Expert

Correct.

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Attorney2, Expert

I am sorry that you are dealing with this situation.  If you do not vacate by the date he provided he needs to file in court and obtain a court order.

Customer
Will I have to come out of pocket for anything dealing with court?
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Attorney2, Expert

He would be paying the filing fees.

Customer
Ok I think thats all the questions I needed answered. Thanks for your time.
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Attorney2, Expert

This link sets out an estimate of the costs in these matters.https://ipropertymanagement.com/laws/louisiana-eviction-process

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Attorney2, Expert

You are most welcome. Thank you for using JA.  We appreciate your business.

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