Louisiana Eviction Process & Laws: A Guide for Landlords

Eviction is the legal process to remove tenants who violate a lease agreement or fail to pay rent. In Louisiana, eviction laws outline specific processes that both landlords and tenants must follow.

Because it’s a legal process and Louisiana landlord-tenant laws are clear on the grounds for eviction and how it has to be done, landlords must follow every step closely and carefully to avoid any complications.

In this guide, we’ll walk through every step of the eviction process, including reviewing Louisiana eviction laws and how they structure the process.

Key Takeaways

• Louisiana eviction laws clearly define the valid grounds for eviction, and the process landlords must follow to evict a tenant legally from their property.
• Non-payment of rent, lease agreement violations, or conducting illegal activity on the property are valid grounds for eviction in Louisiana.
• A property management software solution, like TurboTenant, can help landlords organize documents and establish a thorough paper trail for evidentiary purposes in an eviction hearing.

Valid Grounds for Eviction: Understanding Landlord Rights

There are a number of reasons that a judge might grant an eviction against a tenant, but the main grounds usually cited by landlords are:

• Non-payment of rent: If tenants don’t pay rent by the due date outlined in the lease agreement, landlords can deliver a 5-day notice to quit, meaning they must pay or leave the property.
• Violation of lease terms: Like unpaid rent, landlords can deliver a notice to cure if tenants violate a term in the lease. Depending on the lease and type of violation, tenants have time to fix the problem. For example, a tenant might own a pet when the lease forbids it or not complete the required upkeep as outlined in the lease.
• Illegal activity: Landlords can also serve notice to vacate if they discover illegal activity on the property, such as selling drugs.
• End of lease term: If the lease ends and a tenant refuses to leave, landlords can also file for eviction. In this situation, landlords must deliver a 10-day notice to vacate before proceeding with the eviction process.

Note: Landlords should never self-evict or forcibly remove tenants themselves and should always follow the legal process.

Additionally, Louisiana eviction laws state that landlords should still evict tenants without lease agreements using the process mentioned below. Not having a lease agreement does not mean a landlord can evict a tenant by themselves.

Initiating the Eviction Process: Filing a Complaint

Eviction laws in Louisiana outline the process of eviction quite clearly. Once a landlord has confirmed that one of the valid lease violations has occurred, you can begin the eviction process.

1. Landlord serves notice to the tenant: The length of the notice will depend on the specific situation, but generally, it is a 5-day notice to vacate or cure the violation.
2. Gather evidence and documentation: During this time period, landlords should gather relevant information to support the claim, including photos, leases, and anything else that might be relevant.
3. File an eviction complaint with the court: Once the notice to vacate or cure has expired and the tenant has not left the property or fixed the violation, the landlord should file the eviction lawsuit in a Louisiana city, district, or Peace Court. In Louisiana, this notice is called a Rule for Possession. Note that landlords who accept rent from the tenant after the Notice to Vacate stop the eviction process. The tenant can remain in possession of the premises.
4. The court will then serve the summons to the tenant: A Sheriff will serve a citation to the tenant with a copy of the Rule of Possession and information regarding a scheduled hearing at least 3 days beforehand.
5. Landlord and tenant attend court hearing: The landlord and tenant will argue their cases and present evidence to a judge, who will then issue a judgment. If the judge rules in favor of the landlord, the tenant will be required to move out. If the tenant does not attend the hearing, the judge will issue a default judgment in favor of the landlord.
6. Lastly, the Sheriff will remove the tenant: If the tenant still does not vacate the property within 24 hours after judgment, the court will immediately issue a Warrant of Possession and remove the tenant forcibly, if needed. The officer executing the warrant must do so with at least two witnesses present and will clear the property of people and personal property.

Pro Tip: Contact EZ Evict USA and streamline the entire eviction process.

The Correct Way to Serve Eviction Notices

Louisiana laws dictate that an eviction notice must be served in the proper, legal way to complete the eviction without any issues. Improperly serving a notice can result in a variety of challenges, so sticking to the law is imperative.

The landlord does not have to rely on the court or the Sheriff’s office for the 5- or 10-day Notice to Quit or Vacate. The notice can be delivered by the landlord to the tenant in person, posted on the door of the unit, or mailed to them. If mailed, it will need to be by Certified Mail so there is proof that it was delivered. The tenant must sign the return receipt.

Once a judgment has been issued in favor of the landlord for eviction to proceed, notice must be served by the Sheriff or a court-appointed person and delivered in front of at least two witnesses. This process ensures that proper procedure is followed and that it does not happen secretly or without the tenant’s knowledge.

What Should Landlords Do After Serving Tenants?

Once the notice has been served to the tenant, law enforcement is primarily responsible for completing the process, including forcibly removing the tenant, if necessary. Landlords can be on hand to observe the process and ensure the unit is vacant once it is complete and before moving on to ensure it is ready to rent again.

Securing a Judgment for Possession

The judgment or Rule for Possession should only be filed once the notice to vacate period has expired and after the landlord has collected all relevant information and documentation. If the tenant has not vacated the property once the period has expired, filing a Rule for Possession is necessary to keep the process moving and allow a court to rule on the matter.

If a tenant asserts that they did not violate the lease and disputes the eviction claim, landlords should prepare to present the documentation they’ve gathered to a judge to argue their side. The better prepared you are as a landlord, the harder it will be for a tenant to dispute the claim. However, in certain circumstances, a judge could order mediation between tenant and landlord to resolve the matter.

Timeline to Obtain a Judgment for Possession

The cost of eviction isn’t just financial. Your time is valuable, and while it’s hard to give exact timelines for any court proceeding, typically, the timeline to obtain a judgment for possession looks like this:

• Notice to vacate: 5-10 days, depending on the violation
• Serving the summons: This will happen within a few days of the complaint
• Court hearing: Often 1-2 weeks after filing, but the exact timeline depends on the court schedule
• Judgment for Possession: If the landlord is successful, the judgment is often issued on the day of the hearing or within a few days at most

Taking Back Your Property: Post-Judgement Procedures

After a successful judgment from the court, landlords should take extra care to follow each step according to the law to minimize potential complications in finishing the eviction process and taking back possession of the property.

Once the court issues the Warrant of Possession, it’s up to the authorities (usually the Sheriff) to remove the tenant if they still refuse to vacate. Landlords must not remove the tenants on their own and allow the authorities to take care of the situation.

The Sheriff’s office will handle the removal with at least two witnesses present and will also remove any leftover personal belongings the tenants left behind. Typically, landlords can expect the process to take a few days to a few weeks.

Eviction Process Timeline for Louisiana Landlords

As a summary, here is the complete timeline for the eviction process in Louisiana:

1. Assess the reason for eviction and gather evidence.
2. Serve a 5- or 10-day notice to quit and wait for the term to expire if the tenant doesn’t cure the violation.
3. File an eviction complaint with the court.
4. The court serves the summons to the tenant.
5. Attend the court hearing and wait for judgment.
6. If the landlord wins, the court will issue a Rule for Possession.
7. If the tenant does not vacate the property, the Sheriff (or court-appointed official) will forcibly remove the tenant.
8. The Sheriff’s office will remove any leftover personal belongings from the evicted tenant.
9. The property owner will regain possession of the property.

As we’ve outlined, the specific timings of each step in the process and the overall time from start to finish can vary greatly depending on a number of factors. But generally, the process will take from a couple of weeks to a couple of months before the tenant is fully evicted.

Evidence Management: Best Practices for Landlords

Since eviction is a legal proceeding, and Louisiana landlord-tenant laws tend to favor the tenants in most cases, landlords must keep detailed records and gather evidence carefully to ensure the process goes smoothly.

• For evictions that result from non-payment of rent, landlords should keep detailed records of due dates, documented conversations in person, copies of emails or other electronic communications, and any responses you might receive from the tenant.
• Copies of the signed lease agreement and any photos or documented evidence of lease violations will help prove to the court that the tenant violated the lease and that eviction should proceed.
• All notices should be delivered in writing, preferably by traceable methods like Certified Mail, to demonstrate to the court that the landlord followed the procedure correctly.
• Where applicable, record any witness statements regarding the type of lease violation the tenants may have committed. These statements can also be admitted as evidence in court during the eviction hearing.

How TurboTenant Can Help with the Eviction Process

TurboTeant is property management software designed to help landlords and tenants navigate the rental experience as smoothly as possible. It provides comprehensive tenant screening reports and tenant tracking from application through move-out.

Using software like TurboTenant can help landlords track documents throughout the process, including online lease agreements, a landlord-tenant messaging system, and the ability to serve notices correctly. This centralization keeps everything in one easy-to-browse location.

Sign up today for a free account and learn how TurboTenant can make property management more manageable.

Louisiana Eviction Laws FAQ