Eviction Process In Louisiana

Evicting a tenant in Louisiana means following eviction (rule for possession) in Court of competent jurisdiction where the property is located (justice of the peace, city, or parish/district court, depending on location) exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Louisiana's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Louisiana's eviction of residential tenants is a summary judicial proceeding under the Louisiana Code of Civil Procedure articles 4701 to 4735, in which the lessor cites the tenant to show cause why possession should not be delivered.

• The lessor, owner, or agent may have the lessee or occupant cited summarily by a court of competent jurisdiction to show cause why the occupant should not be ordered to deliver possession of the premises. (La. Code Civ. Proc. art. 4731)

Lawful Grounds For Eviction

Eviction follows termination of the lease, whether by its own terms, by the lessor's notice, by breach, or by abandonment.

• Eviction proceedings under article 4731 are triggered once a lease has ended, whether by lease expiration, lessor termination, tenant default, or other grounds for occupancy to cease. (La. Code Civ. Proc. art. 4701)
• Abandonment of the premises is a recognized basis for the rule for possession, evidenced by indicators such as cessation of residential occupancy, returning keys, or removal of furnishings and movables from the premises. (La. Code Civ. Proc. art. 4731)

Notice Requirements

A single five-day notice to vacate is the statutory notice requirement, with a waiver option and a shorter window for fixed-term leases nearing expiration.

• The written notice to vacate must allow the lessee not less than five days from the date of its delivery to vacate the leased premises. (La. Code Civ. Proc. art. 4701)
• For a lease with a fixed term, the notice to vacate may be given up to 30 days before the lease expires. (La. Code Civ. Proc. art. 4701)
• A lessee may waive the notice-to-vacate requirement in a written lease provision, in which case the lessor may institute eviction proceedings immediately upon lease termination. (La. Code Civ. Proc. art. 4701)

Filing The Case

The lessor files a rule to show cause seeking an order of eviction.

• The lessor or owner, or an agent, may cause the lessee or occupant to be cited summarily to show cause why the lessee should not be ordered to deliver possession, once the tenant has failed to comply with the notice to vacate or has otherwise lost the right to occupy. (La. Code Civ. Proc. art. 4731)

Serving The Tenant

The rule must be served and made returnable no earlier than the third day after service.

• The court makes the rule returnable not earlier than the third day after service of the rule, at which time the court tries the rule and hears any defense raised. (La. Code Civ. Proc. art. 4732(A))

The Tenant's Response

The tenant may appear and raise a defense at trial of the rule; failure to answer or appear results in an immediate judgment of eviction, and an answer under oath is required to suspend execution on appeal.

• If the court finds the lessor entitled to relief, or if the lessee or occupant fails to answer or appear at trial, the court immediately renders a judgment of eviction ordering delivery of possession. (La. Code Civ. Proc. art. 4732(B))
• An appeal does not suspend execution of an eviction judgment unless the defendant has both answered the rule under oath with an affirmative defense to retain possession, and filed an appeal bond within 24 hours of judgment. (La. Code Civ. Proc. art. 4735)

Hearing And Judgment

Trial occurs on the rule's return date, and the resulting judgment of eviction is effective for at least ninety days.

• The rule is tried not earlier than the third day after service, and the resulting judgment of eviction ordering delivery of possession is effective for not less than 90 days. (La. Code Civ. Proc. art. 4732)

The Writ And Lockout

If the tenant does not comply with the judgment within 24 hours, the court issues a warrant for possession, executed by the sheriff, constable, or marshal, who may clear the premises and force entry if necessary.

• If the lessee or occupant does not comply with the judgment of eviction within 24 hours after its rendition, the court immediately issues a warrant commanding the sheriff, constable, or marshal to deliver possession of the premises to the lessor. (La. Code Civ. Proc. art. 4733)
• The warrant is executed in the presence of two witnesses by clearing the premises of any property, and if the officer finds windows, doors, or gates locked or barred, the officer may break them open when necessary to effect entry. (La. Code Civ. Proc. art. 4734)

Prohibited Practices

Possession may be recovered only through the sheriff, constable, or marshal acting on a court warrant; the Code of Civil Procedure does not authorize a lessor to retake possession on their own.

• Possession is delivered to the lessor only by a sheriff, constable, or marshal executing a court-issued warrant, not by the lessor's own action; the officer, not the lessor, clears the premises and effects entry. (La. Code Civ. Proc. arts. 4733, 4734)
• In an abandonment case, a residential lessee whose lessor fails to comply with the article's requirements may recover $500 or double the monthly rent, whichever is greater, plus injunctive relief, court costs, and attorney fees if the lessee prevails. (La. Code Civ. Proc. art. 4731)

Eviction is the last step in a relationship that's already gone wrong. See our guide to Louisiana property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Louisiana attorney, and confirm the current text of any rule cited above with Court of competent jurisdiction where the property is located (justice of the peace, city, or parish/district court, depending on location) or the Louisiana legislature.

Sources

Every fact above is drawn from one of the official sources below.

• La. Code Civ. Proc. art. 4731, Louisiana State Legislature, Code of Civil Procedure article 4731
• La. Code Civ. Proc. art. 4701, Louisiana State Legislature, Code of Civil Procedure article 4701
• La. Code Civ. Proc. art. 4732(A), Louisiana State Legislature, Code of Civil Procedure article 4732
• La. Code Civ. Proc. art. 4735, Louisiana State Legislature, Code of Civil Procedure article 4735
• La. Code Civ. Proc. art. 4733, Louisiana State Legislature, Code of Civil Procedure article 4733
• La. Code Civ. Proc. art. 4734, Louisiana State Legislature, Code of Civil Procedure article 4734