The Governor's Executive Order BJ 08-92 will give relief to some tenants who face eviction in early September 2008 because of Hurricane Gustav.

The Executive Order suspends all legal deadlines, including those for evictions, for the period, August 29 to September 12.

As a result, notices to vacate or rules for possession filed between August 29 and September 12 won't begin running until Monday, September 15.

This means that it would be illegal for a landlord to file a rule for possession before September 22 for nonpayment of rent owed September 1 in cases where a 5 day notice to vacate is required. Tenants will need to raise this defense in their sworn answer to the eviction since many eviction court judges may not know the effect of the Governor's Executive Order.

Under the Governor's Executive Order, many evictions can't be heard until September 17, at the earliest.