Louisiana Eviction Laws & Process

Louisiana landlords seeking to evict a tenant must comply with all applicable laws and carefully follow the legal process to remove a tenant from a rental property. With that in mind, tenants who face eviction also have rights under Louisiana landlord-tenant laws.

This article covers common grounds for eviction, each step in the process, typical timelines and costs, and practical tips for both landlords and tenants dealing with potential eviction. Stay tuned to learn more about the Louisiana eviction process from start to finish.

What is an eviction in the state of Louisiana?

An eviction in Louisiana is the legal process by which a landlord removes a tenant from a rental property. Landlords often opt to pursue eviction for several reasons, including unpaid rent, repeated lease violations, or criminal activity within the rental unit. Louisiana law requires landlords to follow a well-defined, step-by-step process before they can evict a tenant and repossess their rental unit.

You can find Louisiana’s eviction laws in Articles 4701 through 4735 of the Louisiana Code of Civil Procedure.

Common Reasons for Eviction in Louisiana

Louisiana law allows landlords to proceed with an eviction for several defined reasons, including:

Failure to Pay Rent

Louisiana law does not provide a statutory grace period, so landlords can consider rent “late” the day after it is due unless the lease provides otherwise. The state does not require a pay-and-stay option, meaning landlords are not obligated to accept late rent once eviction proceedings begin. When a tenant fails to pay rent, a landlord may serve a 5-day Notice to Vacate (excluding weekends and legal holidays) to require the tenant to vacate the rental unit.

Supporting law: La. Code Civ. Proc. art. 4701

Breach of the Lease Agreement

When a landlord and tenant sign a Louisiana lease agreement, both parties commit to all terms of that contract. If a tenant breaches the agreed-upon lease terms, the landlord can initiate the eviction process.

Some examples of lease breaches include:

• Storing rusty crawfish traps in an apartment complex’s common area violating the lease agreement.
• Allowing long-term guests to stay in a rental without prior landlord approval.
• Running an unlicensed barbershop out of a rental unit when the lease doesn’t allow commercial use of the property.

Louisiana law does not provide a statutory cure period for lease violations, so a landlord can technically serve a 5-day Notice to Vacate for both minor and serious issues unless the lease explicitly allows additional time for the tenant to correct the problem.

Supporting law: La. Code Civ. Proc. art. 4701

Illegal Activity on the Premises

When a tenant commits a crime in a rental unit that disrupts safety, order, or lawful use of the property, their landlord can initiate eviction proceedings. Louisiana treats illegal activity as an incurable issue and allows landlords to serve a 5-day Notice to Vacate. Louisiana law does not establish a Notice to Comply for criminal conduct, but a landlord may choose to give a warning for minor, non-dangerous behavior. The correct response depends on the landlord’s judgment and the specific circumstances.

For example, if an officer cites a tenant for selling marijuana from the unit’s driveway, the landlord can treat the issue as incurable and begin immediate eviction steps. But if a tenant gets a ticket for parking in a fire lane, the landlord may address the behavior directly and offer the tenant an opportunity to correct it.

Supporting law: La. Code Civ. Proc. art. 4701

Damage to the Rental Property

Louisiana law requires tenants to use the rental unit as a “prudent administrator” and only for its intended purpose. When a tenant fails to meet this standard and causes damage beyond normal wear and tear, they have likely breached the lease.

When tenant-caused property damage occurs, landlords should document the condition of the rental unit with clear, dated photographs, written descriptions, and repair estimates. Strong documentation will help establish the extent of the damage and support the landlord’s position if they take the matter to court.

Louisiana law does not establish a statutory cure period for property damage. As a result, whether damage is treated as curable or incurable depends on the severity and circumstances of the harm, the lease terms, and applicable law.

Supporting law: La. Civ. Code art. 2683

Health & Safety Violations

Louisiana law requires tenants to keep their rental units in a clean and safe condition. When a tenant ignores this duty and creates genuine health or safety concerns, their landlord can proceed with eviction.

Common examples of health and safety violations in Louisiana include:

• Leaving seafood waste on a balcony for weeks, attracting yellowjackets, beetles, earwigs, and mealworms.
• Letting water sit in the sink for weeks and ignoring the visible mold it causes on the walls and ceilings.
• Storing uncapped gasoline containers inside the unit in violation of basic safety rules.

Louisiana landlords must maintain properties in compliance with Louisiana’s implied warranty of habitability, and tenants share equal responsibility for keeping their units sanitary and safe.

Supporting law: La. Civ. Code art. 2682, La. Civ. Code art. 2683

Tenant is in a Month-to-Month Rental Contract

Landlords do not need a specific reason to end a Louisiana month-to-month lease agreement. State law allows either party to terminate the rental agreement by written notice delivered at least 10 days before the end of the current monthly period. If a landlord informs their tenant that the lease is coming to an end and the tenant remains past the stated deadline, the landlord may file an eviction case in court to regain possession of the unit.

Supporting law: La. Civ. Code art. 2728

The Eviction Process in Louisiana

Here are the steps landlords follow to move through Louisiana’s eviction process, in order:

1. Landlord Issues Notice to the Tenant

When a tenant takes an action that qualifies them for eviction under Louisiana law, their landlord can issue a notice appropriate to the situation. In some situations, such as minor lease violations or health and safety concerns, the landlord can opt to give the tenant a chance to fix the issue before taking further action.

In more serious situations, the landlord is not required to allow time for the tenant to cure the problem and may immediately issue a notice ordering the tenant to vacate the rental unit by a set deadline.

The correct notice depends on Louisiana’s requirements. Landlords should always review Louisiana’s eviction laws carefully before issuing an eviction notice.

Notice Forms & Timelines

• 5-Day Notice to Vacate (for late rent): A landlord may issue this notice the day after rent becomes past due, unless the lease agreement provides for a grace period. This notice gives the tenant 5 days to leave and does not offer a pay-and-stay option.
• Optional Notice to Comply (for curable issues): Louisiana law does not require a cure notice, but a landlord may offer one when the lease agreement gives the tenant the right to cure minor issues. This notice is typically appropriate only when the lease clearly allows for time to correct a violation.
• 5-Day Notice to Vacate (for incurable issues): A landlord issues this notice when a tenant has committed a serious lease violation, caused significant damage, engaged in illegal activity, or refused to correct ongoing problems. It gives the tenant 5 days to vacate the rental unit without an opportunity to fix the issue.
• 10-Day Notice to Terminate (month-to-month tenancies): A landlord can issue this written notice at least 10 days before the end of the rental period when ending a month-to-month lease without cause.

Supporting law: La. Code Civ. Proc. art. 4701, art. 2728

2. Landlord Files an Eviction Lawsuit With the Courts

If a Louisiana tenant fails to cure a violation or remains in the rental unit past a move-out deadline, the landlord seeking to evict can proceed to the next step in the process. To proceed, the landlord must file a Rule for Possession with the appropriate parish or district court, which starts the eviction case under Louisiana’s summary process rules.

After the landlord files for eviction, the court will assess a fee that varies by parish. Once the court accepts the paperwork, the clerk will schedule a hearing date. Louisiana law requires the hearing to occur no earlier than 3 days after the tenant receives service of the Rule for Possession.

Supporting law: La. Code Civ. Proc. art. 4731, art. 4732

3. Court Summons Paperwork Served to Tenant

Once the clerk sets a court date, the landlord will arrange for the sheriff, marshal, or constable to serve the Rule for Possession and the Summons to the tenant. The server will then complete a Return of Service and file it with the court. If the court does not receive this proof of service, the judge can dismiss the case, and the landlord will need to restart the eviction process.

After receiving the Rule for Possession and the Summons, the tenant can file an Answer or defense if they choose, but they are not required to. They are required, however, to appear in court on the scheduled date. If they fail to appear, the court may enter a default judgment in the landlord’s favor.

Supporting law: La. Code Civ. Proc. art. 4732

4. Tenant and Landlord Attend an Eviction Hearing

On the hearing date, the landlord and tenant must appear before the judge, either with or without legal representation. Each party will have the opportunity to share their side of the story and present evidence (photos, repair receipts, written communication, the lease agreement, etc.) to support their position.

During the hearing, the judge may request additional documents, clarification, or witness statements to understand the relevant details better. Once both parties have finished presenting their evidence, the judge will begin reviewing the key information.

Supporting law: La. Code Civ. Proc. art. 4732

5. Judge Reaches a Ruling

After reviewing all evidence and testimony, the judge will issue a ruling under Louisiana’s summary eviction rules. Judges typically deliver a decision during the hearing, but may need additional time to collect further evidence to make an informed ruling.

If the judge rules in favor of the tenant, the tenant may remain in the rental unit under the current lease terms. If the judge rules in favor of the landlord, the court will issue a Judgment of Eviction, confirming the landlord’s right to regain possession of the rental property.

Supporting law: La. Code Civ. Proc. art. 4732

6. Landlord Obtains a Warrant for Possession Authorizing Removal of Tenant

Once a judge issues a Judgment of Eviction, the landlord can request a Warrant for Possession from the court, which authorizes law enforcement to remove the tenant from the rental unit if the tenant does not vacate within 24 hours of the judgment. It creates one final deadline before enforcement can take place.

Supporting law: La. Code Civ. Proc. art. 4733

7. Law Enforcement Removes Tenant from Rental Property

If the deadline listed on the Warrant for Possession passes and the tenant still has not vacated the rental unit, the landlord can coordinate with the sheriff, marshal, or constable to complete the removal. Importantly, the landlord must avoid pursuing a self-help eviction, which includes changing the locks, shutting off utilities, or removing belongings without law enforcement present.

After law enforcement removes the tenant, Louisiana law does not provide specific rules or timelines for handling abandoned property. Because the statutes do not outline a formal process, the landlord can decide what to do with any items left behind once they regain possession of their rental unit.

Supporting law: La. Code Civ. Proc. art. 4733, art. 4734

Typical Eviction Timelines in Louisiana

The eviction process in Louisiana, from the landlord’s initial notice to the tenant’s final removal, often moves quickly and can be completed within a short period. Timelines vary by parish, court availability, and the speed at which each party responds.

Here are the typical eviction timelines in Louisiana:

Tips for Tenants Attempting to Avoid Eviction

Facing eviction can be stressful, but tenants in Louisiana can take practical steps to resolve issues directly before a landlord opts to pursue eviction:

Build a cooperative relationship with the landlord: Tenants who are approachable and communicate clearly with their landlord about concerns are more likely to avoid misunderstandings and keep minor issues from becoming major problems.

Understand your rights and responsibilities: Tenants should review Louisiana landlord-tenant laws to understand what the law expects of both the landlord and the tenant. Knowing these laws helps tenants make informed decisions and avoid potential eviction.

Address problems quickly: When a tenant falls behind on rent or violates a lease term, they should contact the landlord immediately. Prompt action shows good faith and often prevents an understandable issue from escalating.

Propose an alternative plan: If a tenant experiences a temporary financial setback, they may ask the landlord for a short-term arrangement or payment plan. Many landlords prefer to reach an agreement with the tenant rather than proceed with eviction.

Seek legal help when necessary: If tensions rise or a landlord issues an eviction notice, tenants should consider contacting a legal aid organization to understand their options better. For affordable or free legal support, visit Southeast Louisiana Legal Services.

Tips for Landlords Seeking to Evict Tenants

Eviction is a demanding process, and Louisiana landlords must carefully comply with state law. To protect their rights and stay compliant, landlords should keep the following practices in mind:

Avoid any form of self-help eviction: Landlords should rely on the formal legal process and avoid changing locks or shutting off utilities. Following legal protocols will help prevent liability tied to self-help eviction and keep the eviction case on solid ground.

Understand Louisiana’s landlord-tenant laws: Landlords should understand the rules outlined in articles 4701 through 4735 of the Louisiana Code of Civil Procedure. These statutes outline the obligations and protections that guide each stage of the landlord-tenant relationship.

Consider offering a cash-for-keys agreement: In some situations, landlords can offer a small sum to encourage a tenant to vacate voluntarily. A well-planned cash-for-keys agreement can save time, reduce conflict, and help both sides avoid the courtroom.

Deliver the correct notice every time: Landlords should always issue the notice that matches the issue at hand and follow all required timing rules. A properly delivered notice strengthens the landlord’s position once an eviction case reaches court.

Screen future tenants thoroughly: Landlords can avoid future problem tenants by selecting responsible renters. Digital tools that help screen tenants will reduce the likelihood of future lease violations or payment issues.

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Louisiana Eviction Laws FAQs