Louisiana Eviction Process

Louisiana Eviction Process

Last Updated: March 29, 2024 by Roberto Valenzuela

From start to finish, an eviction in Louisiana can be completed in 2 to 5 weeks. However, it can take longer depending on the reason and whether the tenant contests it.

Grounds for an Eviction in Louisiana

In Louisiana, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

  • Not paying rent on time
  • Staying after the lease ends
  • Violating lease terms

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent 5 Days Yes
End of Lease or No Lease 10 Days No
Lease Violation 5 Days Yes

Nonpayment of Rent

In Louisiana, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 5 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Louisiana the day immediately after its due date. Louisiana landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

example

If rent is due on January 1st, it will be considered late starting on January 2nd, unless the lease specifically states there is a grace period.

End of Lease or No Lease

In Louisiana, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 10-days’ notice to move out.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Louisiana, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Louisiana landlord-tenant law. To do so, the landlord must first serve the tenant a 5 days’ notice to comply or vacate.

Landlords are not legally required to give tenants a chance to fix a lease violation. So at the discretion of the landlord, the tenant either has the option to fix the issue or move out within the 5-day period.

Examples of lease violations include:

  • Allowing unauthorized occupants to reside at the rental unit
  • Causing negligent or deliberate property damage
  • Refusing to allow the landlord access to the rental unit
  • Failing to maintain the premises in a clean and sanitary manner
  • Disturbing the peace and enjoyment of others

If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Evictions in Louisiana

In Louisiana, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant $200 and/or could face imprisonment up to 3 months.

“Self-Help” Evictions

A landlord is not allowed to attempt to forcibly remove a tenant by:

  • Changing the locks
  • Shutting off utilities
  • Removing tenant belongings

A tenant can only be legally removed with a court order obtained through the formal eviction process.

Retaliatory Evictions

In Louisiana, there is no state statute prohibiting landlords from retaliating against tenants for exercising their legal rights (i.e., pursuing a legal action against the landlord, joining a tenant’s union).

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Eviction notice posted on iPropertyManagement.com

Step 1: Landlord Serves Notice To Tenant

A landlord can begin the eviction process in Louisiana by serving the tenant with written notice. The lease typically controls policies for delivery of an initial written eviction notice. If the lease is silent, the law requires a delivery method that is “reasonable in form.” These methods, taken from eviction for nonpayment of rent on an oral lease, are legally sufficient for most situations:

  1. Hand delivery to the tenant
  2. Delivery by certified mail, to the tenant’s last known address
  3. Only if the tenant’s whereabouts are unknown, or the property is abandoned: Tacking notice to the door of the premises

Unlike most states, a written lease in Louisiana can include waiver of ALL notice requirements, if the parties agree. This waiver lets a landlord file for eviction immediately without providing notice to the tenant first.

tip

Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

5-Day Notice To Quit

In Louisiana, if a tenant is late on paying rent (full or partial), the landlord can serve them a 5-Day Notice To Quit. This eviction notice gives the tenant 5 days, not counting legal holidays, to pay the balance due or move out.

10-Day Notice To Vacate

For a tenant with no lease or a month-to-month lease in Louisiana, the landlord can serve them a 10-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 10 days to move out.

For tenants that don’t pay monthly, the amount of notice differs:

Rent Payment Frequency Notice Amount
Week-to-Week 5 Days
Month-to-Month 10 Days
Quarter-to-Quarter 30 Days
Year-to-Year 30 Days
No Definite Term 5 Days

5-Day Notice To Comply or Vacate

In Louisiana, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a 5-Day Notice To Comply or Vacate. This eviction notice gives the tenant 5 days, not counting legal holidays, to fix the issue or move out.

Eviction Complaint Filed on iPropertyManagement.com

Step 2: Landlord Files Lawsuit with Court

As the next step in the eviction process, Louisiana landlords must file a complaint in the appropriate court, and the court will issue a Rule for Possession (or Rule to Evict) ordering the tenant appears for a hearing.

In City and District Courts the Rule for Possession shall be written and must state the cause for the eviction.

In Justice of the Peace Courts the Rule for Possession does not need to be written.

Eviction Summons Complaint Served   on iPropertyManagement.com
Step 3: Court Serves Tenant with Summons and Complaint

The Rule for Possession must be served on the tenant by a sheriff or constable at least two days prior to the eviction hearing, through one of the following methods:

  1. Giving a copy to the tenant in person
  2. Posting a copy on the door of the rental unit
  3. Mailing a copy
note

The summons and complaint must be served on the tenant at least 2 days prior to the eviction hearing.

Eviction Court Hearing on iPropertyManagement.com

Step 4: Court Holds Hearing and Issues Judgment

The eviction hearing must be held at least 3 days after the summons was served on the tenant.

If the tenant fails to appear for the hearing, it will not be continued, and the judge may issue a default judgment in favor of the landlord, meaning the tenant will have to move. If the judge rules in favor of the landlord, a summary possession execution will be issued and the eviction process will proceed.

Eviction Writ of Possession on iPropertyManagement.com

Step 5: Writ of Possession Is Issued

The writ of possession is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff, constable, or marshal returns to the property to forcibly remove the tenant.

If the court has ruled in the landlord’s favor, the court will issue a writ of possession or a writ of execution. This could happen at the eviction hearing or at a later date.

The tenant will be forcibly removed from the rental unit if they don’t move out before the writ is executed.

note

The writ of possession may be issued as soon as a few hours to a few days after the hearing.

Eviction property possession returned on iPropertyManagement.com

Step 6: Possession of Property is Returned

If tenants have not moved out of the rental unit 24 hours (i.e., midnight the following night) after the writ is issued, the sheriff, constable, or marshal will return to forcibly remove the tenant.

The sheriff, constable, or marshal shall be in the presence of two witnesses to clear the rental unit. If necessary, they may break open any window, door, or gate on the premises that is locked and stopping them from entering the premises.

note

The tenant must move out within 24 hours of the date of the writ is issued.

Louisiana Eviction Process Timeline

In Louisiana, an eviction can be completed in 2 to 5 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Louisiana eviction process outside the control of landlords for cases that go uncontested.

Step Estimated Time
Initial Notice Period 5-30 Calendar Days
Court Issuing Summons ~2 Business Days
Court Serving Summons ~2 Business Days
Tenant Response Period Not Required
Court Ruling 3 Business Days
Court Serving Writ of Possession 1-3 Business Days
Final Notice Period 24 Hours

Flowchart of Louisiana Eviction Process

Louisiana Eviction Process Flowchart on iPropertyManagement.com

Louisiana Eviction Court Fees

The average cost of an eviction in Louisiana for all filing, court, and service fees is $170. However, the cost can vary by parish. Eviction lawsuits are filed in City Court where the dwelling unit is located.

Fee City
Initial Court Filing $100 +
Citation Service $30
Warrant of Possession Service $30
Warrant of Possession Execution $10+
Notice of Appeal Filing (Optional) $125+

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