How to Legally Evict a Tenant in Louisiana: Timelines, Court Costs, and Procedures

Evicting a tenant is a highly stressful and strictly regulated legal process. In Louisiana, the procedures for removing a tenant who has failed to pay rent, violated the lease, or overstayed their welcome are governed by the Louisiana Code of Civil Procedure. Attempting to force a tenant out without going through the proper legal channels is considered an illegal self-help eviction and can result in severe financial penalties for the landlord. Generally, courts require absolute adherence to timelines and written notices before they will grant a judgment in the landlord's favor.

Whether you own property in New Orleans, Baton Rouge, or Shreveport, the eviction process follows the same fundamental steps, though the specific court where you file will depend on the location of the property and the amount of money involved. You can always consult with a qualified local attorney from our US Lawyer directory to ensure your paperwork is flawless.

Step-by-Step Eviction Process in Louisiana

The eviction procedure in Louisiana is swift compared to many other states, but it demands strict compliance. Depending on the parish, you will typically file your case in either a Justice of the Peace Court, a City Court, or a Parish Court.

Step 1: Serving the 5-Day Notice to Vacate

Before filing any lawsuit, a landlord must provide the tenant with a written notice unless the tenant has expressly waived the notice in the lease. According to La. Code Civ. Proc. Ann. art. 4701, if a tenant's right of occupancy has ceased due to non-payment of rent or a lease violation, the landlord must serve a 5-Day Notice to Vacate, unless a written waiver of notice was included in the lease agreement, allowing immediate court filing. When required, this notice must clearly state the reason for the eviction and demand that the tenant leave the premises within five days. Note that weekends and legal holidays are generally not counted in this five-day period. It is crucial to use the correct documentation, such as Form Notice to Vacate, Louisiana, Justice of the Peace Court, 5-Day Eviction Notice. If the tenant pays partial rent during this period and the landlord accepts it, the eviction process might be completely derailed, as seen in the precedent Bowling U.S.A., Inc. v. Genco, 536 So. 2d 814 (LA Court of Appeal 1988), which highlights that accepting partial payment can waive the original notice to vacate.

Step 2: Filing the Rule for Possession

If the tenant refuses to move out after the five days have passed, the landlord must take the next legal step: filing a Rule for Possession (also known as a Petition for Eviction). You must file this at the appropriate local court. For example, you might file at the First City Court, New Orleans, the Baton Rouge City Court, Baton Rouge, or the Shreveport City Court, Shreveport. When filing, you will need to submit a copy of the lease, the 5-Day Notice to Vacate, and the Form Rule for Possession, Louisiana, City Court, Petition for Eviction. Once filed, the court will schedule a hearing, returnable not earlier than the third day after service, as mandated by La. Code Civ. Proc. Ann. art. 4732(A).

Step 3: Attending the Court Hearing

Both the landlord and the tenant must appear before the judge on the scheduled hearing date. The landlord must bring all evidence, including the lease agreement, rent ledgers, copies of all notices, and communication records. The tenant will also have the opportunity to present any legal defenses. If the judge finds that the landlord has followed all legal steps and the tenant violated the lease, the judge will issue a judgment of eviction in favor of the landlord.

Step 4: Obtaining the Warrant for Possession

Even after winning the hearing, the landlord cannot personally remove the tenant's belongings. If the tenant still does not leave within 24 hours of the court's judgment, the landlord must request a Warrant for Possession under La. Code Civ. Proc. Ann. art. 4733. This warrant authorizes a local law enforcement officer, such as a constable or sheriff, to physically remove the tenant and their possessions from the property.

How Much Does it Cost in Louisiana?

The cost to legally evict a tenant can vary significantly based on the parish and the specific court you use.

• Court Filing Fees: Filing a Rule for Possession generally costs between $150 and $250. Justice of the Peace courts tend to be slightly cheaper than City or Parish courts.
• Service Fees: Having a constable or sheriff serve the eviction paperwork typically costs an additional $30 to $50 per tenant.
• Warrant for Possession Execution: If law enforcement must physically remove the tenant, expect to pay another $50 to $100, plus potential fees for moving and storing the tenant's belongings.
• Lawyer Fees: If you hire a local attorney, flat fees for a standard uncontested eviction usually range from $300 to $800, excluding court costs.

How Long Does the Process Take?

In Louisiana, the eviction timeline is relatively fast. From the moment the 5-Day Notice to Vacate is served, assuming weekends do not delay the count, a landlord can typically file the lawsuit on the sixth or seventh day. The court hearing is generally scheduled within three to five days after filing. Overall, an uncontested eviction can be completed in as little as two to four weeks. However, if the tenant raises valid legal defenses, requests a delay, or files an appeal, the process could be extended by several additional weeks or months.

Frequently Asked Questions (FAQ)