Asked in Landlord - Tenant and Probate for Louisiana

Q: Can someone whose name isn't on a deed legally evict someone in Louisiana if there never was a written or oral lease?

The mother's name has been deed since 1992. She died in 1996. No will. No succession ever done. Been living in residence since 2006 with other brother who passed in July of this year. No oral or written lease. No rent ever paid to her or anyone. One son whose name isn't on deed is saying hes landlord and trying to evict us. No other relative cares. Can he evict us if his name isn't on deed and it's not a rental property?

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1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
  • Probate Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: Technically anyone with a legal interest in the property can evict you if you don't have permission to live there, but anyone with a legal interest can also give you permission. I would suggest that you get written permission from one of the other heirs, preferably in the form of a lease.

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