How to Evict a Tenant in Louisiana
Step 1: Post Notice to Quit
In Louisiana, landlords must follow the state eviction laws documented under La. Code Civ. Proc. Title XI when evicting tenants from real estate properties. To begin eviction, you must give the tenant written notice to vacate the premises. You can serve the notice in person or send it by mail.
Per La. Code Civ. Proc. art. 4703, notice can be affixed to the door or the property if personal service is not possible.
If the lease has a clause waiving the notice period, you can immediately begin the eviction process without formal notice. However, if you provide notice despite the waiver, you must wait five days before you start eviction proceedings.
Average Timeline
The notice to quit period ranges from 5 to 30 days, based on the eviction reason and lease terms.
Step 2: File an Eviction Lawsuit
If the tenant vacates the property within the time frame allotted on the notice to quit, or if they cure the violation consistent with the notice terms, the tenant can remain per the lease agreement. If the tenant fails to cure or vacate by the deadline, the landlord can file an eviction lawsuit, also called a rule for possession, per La. Code Civ. Proc. art. 4731.
Four courts in Louisiana handle evictions. You must determine the appropriate court based on the type of eviction case, rental amount, and lease terms:
- District Court: Handles residential evictions regardless of rent owed or lease terms.
- Justice of the Peace: Handles specific residential, mobile home, commercial, and farm evictions with a monthly rental value below $5,000, regardless of the value of rent owed. (La. Code Civ. Proc. art. 4912 and La. Code Civ. Proc. art. 4913)
- City Court: Handles residential evictions, as well as commercial evictions, with a $5,000 per month limit.
- Parish Court: Handles eviction cases for properties inside the parish under traditional lease terms within certain rent thresholds. Check with your parish court before filing to ensure your case meets the appropriate requirements.
Step 3: Serve the Eviction Lawsuit on the Tenant
Once you file your official complaint with the appropriate court, you must ensure all named tenants receive copies of the complaint, summons, and other necessary documents. Typically, a landlord will serve documents through the local sheriff’s office or a private process server.
The process server may deliver the legal documents in person to the tenants named in the lawsuit. In the absence of the tenant, the server may leave the documents at the tenant’s home residence or a competent adult residing in the tenant’s place of residence.
Average Timeline
Ensure documents are given to the tenant at least 2 days before the eviction hearing, which is set no sooner than 3 days after serving the documents.
Step 4: Attend Eviction Trial
The hearing for eviction must be at least three days after the tenant receives the eviction documents, per La. Code Civ. Proc. art 4732. If the tenant fails to attend the hearing or the court finds in the landlord’s favor, the judge will immediately issue a judgment ordering the tenant to quit the premises within 24 hours.
Average Timeline
The hearing takes place no less than 3 days after delivering the documents to the tenant.
Step 5: Remove Tenant From Property
Per La. Code Civ. Proc. art. 4733, the judge may issue a warrant or writ of possession authorizing the sheriff’s department or other authority to remove the tenant from the property. Should the tenant fail to vacate within 24 hours of receiving the judge’s order of eviction, the authorized sheriff, constable, or other peace officer can forcibly remove the tenant from the premises, per La. Code Civ. Proc. art. 4734.
Average Timeline
Tenants must vacate the property within 24 hours after the writ of possession is issued.
Eviction Reasons
In Louisiana, a landlord may evict a tenant for several reasons, such as lease violations, illegal activities, or at the end of the lease agreement.
While state law might not mandate giving tenants a chance to rectify the breach, landlords have the discretion to include such provisions in the lease. If a lease outlines more forgiving notice periods than those required by law, these lease terms take precedence.
Discrimination and retaliation during the eviction process are prohibited under both state and federal laws. The Fair Housing Act protects tenants from being evicted or mistreated based on race, color, nationality, religion, familial status, sex, or disability.
Furthermore, Louisiana landlords can pursue “at-fault” evictions for valid reasons or “no-fault” evictions when a lease concludes. Nonetheless, terminating a lease without cause is not permitted.
At-Fault Evictions
At-fault evictions typically involve lease violations. For example, a tenant can be evicted for smoking indoors in violation of the lease agreement. Failure to pay rent is another common breach that can result in an at-fault eviction.
State law is relatively simple when it comes to eviction notice timelines. Landlords need only give five days’ notice to correct or quit for lease violations if the tenant has a lease agreement.
1. For Lease Violations
Overview:
- Use for lease violations
- Gives the tenant five days’ notice to correct the issue or vacate the property
- Deadline does not include weekends and holidays
- Five-day notice requirement can be waived in the lease agreement
- La. Code Civ. Proc. art. 4702 establishes the five-day notice rule
- La. Civ. Code art. 2704 allows the landlord to dissolve the lease for unpaid rent
2. For Non-Payment
Overview:
- Use for non-payment of rent
- Gives the tenant five days’ notice to pay rent or vacate the property
- Deadline does not include weekends and holidays
- Five-day notice requirement can be waived in the lease agreement
No-Fault Evictions
For tenants without a written lease agreement or a month-to-month tenancy, the landlord must give ten days’ notice to quit.
1. Fixed-Term Lease Termination
Overview:
- Use to notify the tenant of the termination of a fixed-term lease when you do not plan to renew
- Advises the tenant to vacate the premises upon termination of the fixed-term lease
- Notice to terminate a fixed-term lease may be given no more than 30 days prior to the expiration date, per La. Code Civ. Proc. art. 4701
- La. Civ. Code art. 2720 allows the termination of an expired fixed-term lease without notice
2. Month-to-Month Lease Termination
Overview:
- Use to terminate a verbal or month-to-month lease agreement
- Tells the tenant to vacate with ten days’ notice
- Deadline does not include weekends or holidays
- La. Civ. Code art. 2728 outlines the terms for a 10-day notice to quit
3. Week-to-Week Lease Termination
Overview:
- Use to terminate lease agreements with a term of less than one month
- Deadline does not include weekends or holidays
Shorter Lease Terms
La. Civ. Code art. 2728 allows a landlord to give a tenant less than five days’ notice to terminate if the lease term is less than one week, as long as notice is given before the termination date on the agreement.
Eviction Timeline
| Reason | Curable | Lease Type | Duration | Notice Period |
|---|---|---|---|---|
| End of Lease | No | Less than one week | Less than one week | Any time prior to expiration |
| Fixed Term | One year or more | 30 days | ||
| Monthly | Month-to-Month | 10 days | ||
| Weekly | Week-to-week | 5 days | ||
| Overdue Rent | At the landlord's discretion | Any | Any | 5 days |
| Lease Violations | At the landlord's discretion | Any | Any | 5 days |
| Illegal Activity or Repeat Violations | At the landlord's discretion | Any | Any | 3 days |
Tenant Rights in Louisiana
Self-Help Evictions
Self-help evictions in Louisiana are illegal unless the tenant has abandoned the property, under La. Code Civ. Proc. art. 4731. A self-help eviction occurs when the landlord prevents the tenant from accessing the property by changing the locks or otherwise blocking entry. It may also occur if the landlord cuts off the tenant’s utilities or removes their belongings without a court order.
If the landlord takes any of the above actions without going through the appropriate eviction process, the landlord may have to pay a penalty of $500 or twice the monthly rent, whichever is greater. Additionally, the tenant may bring an action against the landlord for any damages they suffered. The court may award the tenant costs and attorneys’ fees for this action.
Abandoned Property
State law does not specify how the landlord should handle property left by the tenant after eviction. If the tenant is forcibly evicted by the sheriff, marshal, or constable pursuant to La. Code Civ. Proc. art. 4734, they will also remove the tenant’s belongings. Any belongings remaining after the tenant vacates the premises may be considered abandoned. However, to avoid potential legal liability, it is wise to store their belongings and notify them of the location temporarily.
Under no circumstances should you attempt to remove the tenant’s property yourself before completing the eviction process. The tenant and their personal property should always be removed from the premises by the appropriate authorities under a writ of execution from the court.
Resources
- US Department of Housing and Urban Development (HUD): Resources for people with questions about fair housing and discrimination
- Public Housing Agencies: Local agencies assisting with public housing programs and housing choice vouchers, also called Section 8
- Louisiana Housing Corporation: State-funded rental assistance program
- Low-Income Home Energy Assistance Program (LIHEAP): Fuel and weatherization assistance for low-income individuals
- LouisianaLawHelp.org: Legal assistance and resources for low-income residents in Louisiana
- Louisiana Civil Legal Navigator: Legal information and lawyer referral service managed by the Louisiana Bar Foundation and Lagniappe Law Lab
- Louisiana State Bar Attorney Directory: Resources and attorney directory to help you find an attorney in your area
- Louisiana State Bar Modest Means Online Legal Directory: Directory of Louisiana attorneys who charge reduced rates for income-eligible clients