From start to finish, an eviction in Louisiana can be completed in two to five weeks. However, it can take longer depending on the reason and whether the tenant contests it.
Questions? To chat with a Louisiana eviction attorney, click here
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 or not upholding responsibilities under Louisiana law. Even so, proper notice must first be given before ending the tenancy.
In Louisiana, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 5 days’ notice to move out without the chance to fix the issue. If the tenant does not vacate after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Louisiana the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Louisiana, a landlord can evict a tenant without a lease or a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (10 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Louisiana, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Louisiana landlord-tenant law. Landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a written 5 days’ notice to move out prior to beginning an eviction action.
Tenant responsibilities include:
Using the property in accordance with the lease agreement.
Keeping the dwelling unit in a good condition.
Examples of lease violations include:
Having too many people reside at the rental unit without the landlord’s knowledge.
Negligently or deliberately damaging the rental property.
Having a pet when there’s a no-pet policy.
Illegal activity.
warning
Illegal Evictions in Louisiana
In Louisiana, self-help evictions 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
No matter the situation, a landlord is not allowed 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).
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Louisiana by serving the tenant with written notice. The notice must be delivered by one of the following methods:
Giving a copy to the tenant in person.
Posting a copy on the door of the rental unit.
Mailing a copy.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
5-Day Notice to Quit
If a tenant is late on paying rent (full or partial) or if the tenant commits a lease violation in Louisiana, the landlord can serve them a 5-Day Notice to Quit. This notice gives the tenant 5 calendar days to move out without the chance to fix the issue.
10-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Louisiana, the landlord must serve them a 10-Day Notice to Quit end the tenancy. This eviction notice allows the tenant 10 calendar 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
Questions? To chat with a Louisiana eviction attorney, click here
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.
Step 3: Court Serves Tenant with Summons & 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:
Giving a copy to the tenant in person;
Posting a copy on the door of the rental unit; or
Mailing a copy.
Two days. The summons and complaint must be served on the tenant at least two days prior to the eviction hearing.
Step 4: Court Holds Hearing & Issues Judgment
The eviction hearing must be held at least three 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.
NOTES
Formal Answer. Tenants who file an appeal will still have to move out of the rental unit while the appeal is being decided unless they filed a written answer to the complaint, objecting to the eviction. A written answer is not required for tenants to attend the eviction hearing; only if tenants plan to appeal. If a tenant does provide a written answer, the tenant should respond immediately.
If the judge rules in favor of the landlord, a writ of possession will be issued, and the eviction process will continue.
Low Income. If the tenant is considered to be low-income and cannot afford to pay a filing fee, a form can be brought to the court called “In Forma Pauperis” which asks the court to waive the fee. The tenant shall attach their proof of income. Filing fees for answers are approximately $42.
Three days. The eviction hearing must be held at least three days after the summons is served on the tenant.
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.
A few hours to a few days. The writ of possession could be issued the same day as the hearing.
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.
24 hours. The tenant must move out within 24 hours of the date the writ is issued.
Questions? To chat with a Louisiana eviction attorney, click here
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
For additional questions about the eviction process in Louisiana, please refer to the official legislation, Louisiana Revised Statutes §9:3259, Louisiana Civil Code of Procedure 4701-4733, and Louisiana Civil Code 2728, for more information.
When a lessee’s right of occupancy has ceased because of the termination of the lease by expiration of its term…nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises…written notice to vacate the premises…shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises.
A. Whenever any lessee of any apartment building, house, motel, hotel, or other such dwelling fails to pay rent that has become due and delinquent, within twenty days after delivery of written demand therefor made in accordance with the provisions of this Section…C. The provisions of this Section shall apply to oral leases only.
(1) In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period; (2) In a month-to-month lease, ten calendar days before the end of that month; (3) In a lease…equal to or longer than a week but shorter than a month, five calendar days before the end of that period…
(1) To pay the rent in accordance with the agreed terms;
(2) To use the thing as a prudent administrator and in accordance with the purpose for which it was leased; and
(3) To return the thing at the end of the lease in a condition that is the same as it was when the thing was delivered to him, except for normal wear and tear or as otherwise provided hereafter.
C. Any person guilty of entering and removing any property in violation of this Section shall be fined not more than two hundred dollars or imprisoned for not more than three months, or both. Nothing in this Section shall deprive the party injured of his civil action in damages.
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. …The judgment of eviction shall be effective for not less than ninety days.
If the lessee or occupant does not comply with the judgment of eviction within twenty-four hours after its rendition, the court shall issue immediately a warrant directed to and commanding its sheriff, constable, or marshal to deliver possession of the premises to the lessor or owner.
Can a landlord evict you immediately in Louisiana?
No, a landlord cannot evict you immediately in Louisiana. You must be given written notice first, and the landlord must follow the legal eviction procedures, meaning you cannot be removed from the rental unit without a court order.
Read more »
Can you evict a tenant without a lease in Louisiana?
Yes, you can evict a tenant without a lease in Louisiana. Tenants must be given 5, 10, or 30 days’ written notice depending on the length of the lease term before the landlord can begin an eviction action.
Read more »
How much does it cost to evict someone in Louisiana?
In Louisiana, each parish sets their own eviction filing fees. You could pay between $365 to around $600 to evict someone in Louisiana, depending on where you file the eviction case. These totals do not include additional service fees that may be required.
Read more »
Can you kick someone out of your house in Louisiana?
Yes, you can kick someone out of your house in Louisiana; however, if the person paid rent or performed services around the home in exchange for living there, you may be required to follow the legal eviction process.
Read more »
Can a landlord evict someone for no reason in Louisiana?
If the lease has expired, or if there is no written lease, then a landlord can evict someone for no reason in Louisiana. However, the landlord is still required to provide at least 5 days’ written notice.
Read more »
