Understanding Eviction Notices in Louisiana
Before filing an eviction lawsuit, Louisiana landlords must serve tenants with a written notice that clearly states the reason for eviction and provides a legal deadline to pay rent, fix a lease violation, or vacate the unit.
Evictions in Louisiana are governed by the Louisiana Code of Civil Procedure Title XI. According to Louisiana Code of Civil Procedure § 4701, landlords must give tenants five days’ notice for unpaid rent or non-compliance with the lease. A 10-day notice is required to terminate a month-to-month lease agreement.
Before the court will accept an eviction filing, all eviction notices must be properly served, typically by certified mail, personal delivery, or through a constable or marshal.
LegalTemplates’ document builder helps landlords create Louisiana-compliant notices in minutes. Simply customize your notice with our document editor and then download in PDF or Word format.
Types of Eviction Notices in Louisiana
Louisiana landlords must choose the appropriate eviction notice based on the lease type and the reason for ending the tenancy. All notices must comply with the required notice periods under state law.
5-Day Notice to Quit for Non-Compliance
Use this notice when a tenant breaches the lease, such as by damaging the property or violating occupancy terms. Under La. Code Civ. Proc. § 4701, the landlord must provide five days’ notice to vacate before filing in court.
5-Day Notice to Quit for Non-Compliance
Landlords must give tenants a 5 days notice period before the Louisiana eviction process can begin in court.
5-Day Notice to Quit for Non-Payment
Louisiana law requires landlords to issue a five-day notice to vacate if a tenant fails to pay rent on time. If the tenant does not leave within that period, the landlord can file an eviction lawsuit.
5-Day Notice to Quit for Non-Payment
Use this notice to vacate to evict a tenant if they haven’t paid rent on time.
10-Day Lease Termination
Landlords must give tenants a 10-day written notice to vacate to end a month-to-month lease. This applies even if there is no lease violation, per La. Code Civ. Proc. § 4701.
10-Day Lease Termination
Landlords and property owners must give tenants 10 days’ written notice to move out if they’re on a month-to-month tenancy.
How to Evict a Tenant in Louisiana
Eviction lawsuits in Louisiana follow the steps outlined in La. Code Civ. Proc. Title XI. Here’s how the process works:
Step 1 – Serve Louisiana Eviction Notice (Notice to Vacate)
Providing the proper notice to vacate is the first step in the eviction process in Louisiana. Before sending it to a tenant (via certified mail or personal service), remember to make a copy of this notice for your records.
Step 2 – File Petition for Eviction
Suppose the tenant doesn’t vacate the rental premises by the date identified in the eviction notice. In that case, you can file a petition for eviction at the proper Louisiana court to start eviction proceedings.
The city court where landlords must file eviction lawsuits is determined by where the rental property is located.
Step 3 – Go to Court
The court will prepare an Order to Show Cause, which a parish constable or city marshall must serve. This notice provides the date and time of the hearing. Attend this hearing if you want to successfully evict a tenant.
Step 4 – Receive Judgment of Eviction
If the tenant doesn’t appear in court on the designated court date (results in default judgment), or you prove your case to the court’s satisfaction, the court will issue a Judgment of Eviction.
Step 5: Obtain Writ of Possession or Warrant for Possession
If your tenant has not vacated the property, ask the court for a Writ of Possession or Warrant for Possession. Provide the executed order to the appropriate constable or marshall so they can physically evict the tenant.
Related Louisiana Court Forms
Each city and parish in Louisiana has its own court forms, but examples can be found on the official Shreveport government website. Contact the court clerk where the property is located for the following forms (and remember to ask about filing fees):
- Petition for Eviction: The Petition for Eviction sets out your legal grounds for evicting the tenant, states that the court is the appropriate one to file your legal action, and asks the court to formally evict the tenant.
- Soldier’s/Sailor’s Affidavit: This affidavit states whether the tenant is in the military and is filed with the petition.
- Order to Show Cause: This order is served on the tenant, notifying them when the court hearing will be.
- Writ of Possession or Warrant for Possession: This document gives the parish constable or city marshall (law enforcement officer) legal authority to physically remove the tenant from your property.
