A reference of Louisiana Eviction Laws, and steps of the Louisiana eviction process for landlords and renters, updated 2021.
- What are the reasons that landlords can evict tenants under Louisiana eviction laws?
- Non-payment of rent (Title XI CCP 4701).
- Non-compliance with the lease agreement (Title XI CCP 4701).
- Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (Title XI CCP 2728).
- What notice do Louisiana eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions in Louisiana based on non-payment of rent, the landlord must give a 5-day notice to the tenant. (Title XI CCP 4701).
- For evictions based on non-compliance of the lease agreement, the landlord must give a 5-day notice to the tenant. (Title XI CCP 4701).
- For evictions based on a holdover tenancy, the notice the landlord must provide is based on the term of the tenancy. For a month-to-month lease, the landlord must provide a 10-day notice to the tenant. For a week-to-week lease, the landlord must provide a 5-day notice to the tenant. If the lease is for longer than a month, a 30-day notice is required. If the lease is less than a week, a notice of any time prior to the end of the period is required. (Title XI CCP 2728).
- Do Louisiana eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
- No. Louisiana law prohibits landlords from using self-help measures. The court can award damages to the tenant if the landlord resorts to these measures.
Louisiana Eviction Process: Step-by-Step
- Serve the Eviction Notice. The landlord must provide the tenant with the appropriate eviction notice within the appropriate time frame.
- File Legal Paperwork. If the tenant does not leave the property by the deadline included in the eviction notice, the landlord can seek judicial relief. The official eviction process in Louisiana begins with the filing of a petition that sets out the reason why the landlord is seeking an eviction. The landlord must also complete a Soldier’s/Sailor’s Affidavit that states whether the tenant is in the military or a sailor.
- Prepare an Order to Show Cause. The court prepares an order to show cause that provides the date and time of the hearing when the landlord and tenant should appear to resolve the case.
- Serve the Tenant. The constable serves the tenant with legal documents.
- Attend Court Hearing or Seek Default Judgment. If the tenant does not appear at the court hearing, the landlord can seek a default judgment from the court. If the tenant does appear at the designated hearing, the landlord and tenant present their case to the court. If the court rules in favor of the landlord, it issues a Judgment for Eviction.
- Request a Warrant for Possession. If the tenant still has not vacated the property at this point, the landlord can ask that the court issue a Warrant for Possession. This gives the constable the legal authority to physically remove the tenant from the rental property, in compliance with Louisiana eviction laws.
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