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Reform or Repeal Louisiana Eviction Articles 4731-4732
Louisiana Code of Civil Procedure.

The Nastiest, Shortest, and most Brutish Eviction In the whole USA

Is Homelessness a Problem? Or is it Required by Law?

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We have already filed a Complaint that Louisiana is Eviction is Unconstitutional against Yu-Wen Chiu & Chih-yang Hu
in the Eastern District of Louisiana 17-12275

We need Attorneys and Donations to Certify this as a Class Action to Stop Legally Mandated Homelessness without due process of law!
Under Louisiana Articles 4731-4732, a Plaintiff (“Landlord or Agent”) can allege anything and does not have to prove anything. The burden of proof lies entirely on the Defendant, but the law does not outline or provide for any defenses. This is not merely oppressive, unconscionable and unfair,
this is utterly unconstitutional.

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The LSA-C.C.P. Articles


LSA-C.C.P. Art. 4732

Art. 4732. Trial of rule; judgment of eviction

A. The court shall make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made.

B. If the court finds the lessor or owner entitled to the relief sought, or if the lessee or occupant fails to answer or to appear at the trial, the court shall render immediately a judgment of eviction ordering the lessee or occupant to deliver possession of the premises to the lessor or owner. The judgment of eviction shall be effective for not less than ninety days.

Credits
Amended by Acts 2001, No. 24, § 1. here:
Editors' Notes

OFFICIAL REVISION COMMENT

The only change effected by this article is the clarification of the return day.

LSA-C.C.P. Art. 4731

Art. 4731. Rule to show cause why possession should not be delivered; abandonment of premises

A. If the lessee or occupant fails to comply with the notice to vacate required under this Title, or if the lessee has waived his right to notice to vacate by written waiver contained in the lease, and has lost his right of occupancy for any reason, the lessor or owner, or agent thereof, may cause the lessee or occupant to be cited summarily by a court of competent jurisdiction to show cause why he should not be ordered to deliver possession of the premises to the lessor or owner. The rule to show cause shall state the grounds upon which eviction is sought.
B. After the required notice has been given, the lessor or owner, or agent thereof, may lawfully take possession of the premises without further judicial process, upon a reasonable belief that the lessee or occupant has abandoned the premises. Indicia of abandonment include a cessation of business activity or residential occupancy, returning keys to the premises, and removal of equipment, furnishings, or other movables from the premises.
Credits
Amended by Acts 1981, No. 713, § 1; Acts 1991, No. 684, § 1. here:
Editors' Notes
OFFICIAL REVISION COMMENTS

(a) This article follows the source provisions and provides the procedure to be followed after the notice to vacate has been given.
(b) Under the provisions of R.S. 37:213 here:, it is necessary for the agent to engage an attorney to institute the eviction proceeding.

LSA-C.C.P. Art. 4701

Art. 4701. Termination of lease; notice to vacate; waiver of notice

When a lessee's right of occupancy has ceased because of the termination of the lease by expiration of its term, action by the lessor, nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall cause written notice to vacate the premises to be delivered to the lessee. The notice shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises.

If the lease has no definite term, the notice required by law for its termination shall be considered as a notice to vacate under this Article. If the lease has a definite term, notice to vacate may be given not more than thirty days before the expiration of the term.

A lessee may waive the notice requirements of this Article by written waiver contained in the lease, in which case, upon termination of the lessee's right of occupancy for any reason, the lessor or his agent may immediately institute eviction proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil Procedure.

Credits
Amended by Acts 1981, No. 713, § 1.

Editors' Notes
OFFICIAL REVISION COMMENTS

(a) This article covers all cases of termination of lease, regardless of the cause, and fixes a notice period of five days. It represents a change in the prior law under which the notice was five, ten, or thirty days, depending upon the circumstances. The article also permits the lessor in the case of a lease having a fixed term to anticipate that the tenant will not vacate the premises at the end of the term and to give him the necessary notice prior to its expiration, so that he may take court action as soon as the term is over.
(b) The word “limitation”, which appears in former R.S. 13:4918, has been omitted. See 2 La.L.Rev. 161 (1940). See, also, 21 Tul.L.Rev. 256 (1946).
(c) If the lease has already terminated and the tenant remains on the premises, the substantive problem of reconduction then enters the picture. See 21 Tul.L.Rev. 256 (1946). The above text applies to the &dquo;reconducted” lease, which is a new lease and not a continuation of the old lease. See 1 La.L.Rev. 439 (1939). The term of this reconducted lease is fixed by Civil Code Arts. 2686-2691 here:, and it is not necessary to include these substantive provisions in an article on eviction. The notice of ten days provided for by Art. 2686 of the Civil Code here: is a device to prevent reconduction, and is not to be confused with the ten day notice of eviction, although presumably one notice could serve both purposes.

 

 

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Call Donna at 504-941-0793. We are still setting up this campaign and need attorneys, donations, and volunteers to start a class action and political campaign. Homelessness in a city this rich is a complete disgrace. Complete Derogation from Due Process of law in eviction suits is not the ONLY problem, but it certainly doesn't help. The Defendants are Yu-wen Chiu and Chih-Yang Hu in Eastern District of Louisiana Case No. 17-12275.

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Short Discussion On Due Process

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