When you are done reading about the Louisiana Eviction Process below, we recommend you purchase the corresponding Louisiana Eviction Notice to be delivered to your Tenant.
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Louisiana Eviction Laws
The laws regarding evictions in Louisiana are found in Article 4701 of the Louisiana Code of Civil Procedure. If you are a landlord in Louisiana, it is a good idea to become familiar with this law. Judges and courts may pass local rules that are in accordance with this law.
Notice to Vacate (Notice to Quit)
The first step in the Louisiana Eviction Process is serving (delivering properly) the tenant with a Louisiana Eviction Notice called a Notice to Vacate or Notice to Quit. A tenant in Louisiana can be evicted for three reasons: non-payment of rent, breach of the lease, or holding over. If a landlord in Louisiana needs to evict a tenant for non-payment of rent or for breaching the lease (unauthorized pet, disturbing neighbors, etc.), the landlord needs to serve the tenant with a 5 Day Notice to Vacate. If the landlord needs to end a month to month tenancy, the landlord needs to serve the tenant with a 10 Day Notice to Vacate (which must be served at least 10 days before the end of the current monthly rental term). These Notice to Vacate forms must be hand delivered to the tenant, or tacked on the front door of the property if the tenant cannot be found. The landlord needs to keep a copy of the notice to prove that it was served. The Notice to Vacate gives the tenant the specified amount of time to vacate the premises, or else the will be sued for eviction. It is important to note that during the 5 Day or 10 Day notice period, weekends and holidays do not count.
File a Rule For Possession
What if the Notice to Vacate has been served, the notice period has run, but the tenant is still in the property? The landlord must now go to court to find relief. The landlord should go to the clerk of the City Court, Parish Court, or Justice of the Peace Court that handles evictions in the jurisdiction where the property is located. The court clerk will tell the landlord if they are in the right place. The landlord will file a Rule to Show Cause case called a “Rule for Possession.” This is the eviction case. There will be a filing fee. The clerk will set a court date, and will then have the Sheriff or Constable deliver the Rule for Possession paperwork to the tenant. The hearing will be set for more than 3 days from when the Sheriff or Constable delivers the Rule to the tenant.
Going to Court
The Court Date will be more than 3 days from when the Sheriff serves the Rule on the Tenant. The landlord must be present in order to win. If the tenant does not show up, then the landlord will win by default. The landlord must bring all evidence in order to prove their case. The landlord must prove that there was a landlord-tenant relationship, that the lease is terminated, and that the Notice to Vacate was properly served on the tenant. The landlord should bring a copy of the lease (if there is one), a copy of the Notice to Vacate, and any witnesses, photographs, or other documents deemed important. If the judge rules for the landlord, the judge will hand down a judgment. Once the judgment is rendered (signed), the tenant will have 24 hours to either vacate the premises or appeal the judgment. If the tenant appeals, the tenant may have to post a bond with the court.
Warrant for Possession
What if 24 hours has expired since rendition of the judgment, and the tenant is still in possession of the property? The landlord needs to ask the court clerk for a Warrant of Possession. Once this Warrant of Possession is issued, the court directs the Sheriff or Constable to break into property (if necessary), remove the tenants, and seize property to pay costs.
Next Step: We recommend you purchase the corresponding Louisiana Eviction Notice to be delivered to your Tenant.
This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges’ rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.