Louisiana Eviction Process

Guide to the Eviction Process in Louisiana

Eviction in Louisiana:

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.  Tenants can view helpful pages when they are being evicted> Tenants Help Pages

 

 

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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.

 

The First Step in the Louisiana Eviction Process – Notice to Quit:

The first step in an eviction proceeding is serving Notice to Quit on the tenant. The notice can be served by the landlord or through the Sheriff, Marshal or Constable. The law says that if the tenant cannot be found the notice can be posted on a door.

If the reason for the eviction is for non-payment of rent or a violation of the lease, the tenant has no less than five (5) days after receiving the notice to vacate. Saturdays, Sundays, and holidays are not counted in these five (5) days.

If the rent is on a month to month basis and the landlord does not want to renew it, the landlord must give at least a ten (10) day notice before the rent is due again.

If the rent is not paid on the date it is due, the law states that thereafter the tenant can still be evicted even if the tenant later tenders payment. The landlord is not required to accept payment.

If any part of the rent is accepted after the Notice to Quit has been filed, the owner loses his right to evict. Thus, a landlord should carefully consider whether he or she wishes to accept a partial rent payment from the tenant at this state of the eviction process.

Louisiana law requires that the Notice to Quit state the reason(s) for the eviction. For example, if the reason for the eviction is non-payment of rent, the notice must state non-payment of rent. If there is a lease violation, the notice must particularize the alleged violation. If there is no lease and the rental is on a month to month basis or if the lease is expiring and the landlord does not want to renew it, the notice must so state – the landlord is not required to give any reasons why he does not want to renew it, just as the tenant does not have to give a reason if the tenant wants to move out.

 

The Second Step in the Louisiana Eviction Process – the Notice to Appear/Rule to Show Cause:

If the Notice to Quit has been served, the required number of days have passed, and the tenant and/or his belongings still occupy the premises, the landlord must then file with the court (District Court, City Court, Justice of the Peace) a Rule to Show Cause. A court date, not earlier than the third day after service, is scheduled and the tenant is served notice to appear. Again, if the tenant cannot be found, the notice is posted on a door.

 

 

The Basic Elements for This Step Are:

1. File eviction in court after notice to vacate period is over
2. Court serves suit on lessee
3. Notice of court date (at Least 72 hours Away)
4. Court hearing
5. Judgment making rule absolute
6. There is a possibility of appeal within 24 hours
7. If no appeal, Court Officers effect eviction 24 hours later

 

The Third Step in the Louisiana Eviction Process – the Hearing:

At the hearing, the parties can testify and/or have witnesses testify and/or introduce any type of evidence supporting their position. If the landlord proves his case, the Judge must immediately render a Judgment of Eviction. The Judge does not have the authority to allow the tenant to stay a few days longer. The Judge must decide one way or other; he is not to take the matter under advisement. The tenant thereafter has (24) hours to vacate. If he does not vacate, the Judge must sign warrants authorizing the Sheriff, Marshal or Constable to do what is necessary to evict the tenant and his belongings from the premises.

https://brgov.com/dept/citycourt/pdf/Eviction.pdf