Eviction In Louisiana

As in all other states, eviction in Louisiana is an intricate process governed by a set of federal, state, and local laws. It’s important to understand each step of the eviction process, as a misstep can significantly delay the time it takes to remove problematic tenants.

Though eviction laws are sometimes looked upon in a negative light, they’re in place to protect the legal rights of both landlords and tenants. With a strong knowledge of landlord and tenant rights, you’ll be able to navigate eviction proceedings with relative ease.

If you own and rent properties in the state of Louisiana, you are responsible for complying with Louisiana eviction laws. In this article, we break down each step of the legal eviction process in Louisiana, common reasons for eviction, squatters’ rights, and more.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Louisiana’s eviction laws can be found at LA CCP § 4701-4735 and LRS 9:3318-3325.

Reasons for Eviction in Louisiana

In Louisiana, tenants can be evicted for failing to pay rent, violating the lease, or breaking the law or other obligations as per Louisiana landlord-tenant law.

Nonpayment of Rent

In Louisiana, there is no state mandated grace period. This means that rent is considered late (sometimes referred to as delinquent) the day after it is due, and landlords may begin issuing late fees immediately. However, if a grace period is specified in the lease agreement, it must be honored.

Landlords in Louisiana may begin the eviction process as soon as rent is due with a 5-day notice to pay or quit. State law does not require that tenants are given a cure period for overdue rent, so landlords may also issue a simple 5-day notice to quit (LA CCP § 4701). This does not give the tenant a chance to remedy the breach. Failure to pay or vacate within five days will allow the landlord to file an eviction lawsuit with the local court.

Lease Violations

Tenants promise to abide by all terms of the lease agreement when they sign (or verbally agree to) it. Landlords therefore have every right to evict tenants who breach lease terms.

While lease violations in Louisiana vary by agreement, some examples include:

• Unauthorized animals or tenants living on the property
• Failure to keep the premises reasonably safe and clean
• Disturbing the peace and enjoyment of others

Like nonpayment of rent, landlords may meet lease violations with a 5-day notice to quit. If they choose, they may offer a cure period, but it isn’t mandated by state law.

Illegal Activities

As in all other states, tenants who commit illegal activities on their rental property are subject to eviction. If you suspect illegal activity on the premises, you should first alert the proper authorities.

Violations of the law may vary depending on your rental property business’s locality, but generally include:

• The manufacturing, storage, use, or distribution of illegal substances
• Substantial (and intentional) damage to the property
• Violence or threats of violence against others

Once there is documentation of an illegal activity—typically meaning the local authorities have record of it—landlords may evict the tenant without a cure period.

Additional Reading: Louisiana Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Louisiana

1. Landlord serves a five-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant the summons.
4. Landlord and tenant attend court hearing and receive judgment.
5. Tenant gets 24 hours to move out or appeal.
6. Sheriff arrives to forcibly remove the tenant.

1. Landlord Serves a Five-Day Eviction Notice

If any of the above occur, landlords can begin eviction with a five-day Louisiana eviction notice. This notice applies in all circumstances of eviction as per LA CCP § 4701:

• Rent Demand Notice: 5 days to quit. If rent is unpaid when due, Louisiana landlords may deliver this notice stating the date on which the lease will terminate (not less than five days after receipt of the notice).
• Lease Violation Notice: 5 days to quit. If a tenant violates a lease term, Louisiana landlords may deliver this notice stating the breach and the date on which the lease will terminate (not less than five days after receipt of the notice)

Per Louisiana eviction laws, tenants can waive the above notice requirements by signing a written waiver in the lease document. If the landlord includes such a waiver and the tenant agrees to it, no notice is required before the landlord can file for eviction in case of lease violations (LA CCP § 4701).

For all evictions, the landlord may recover actual damages and reasonable attorney fees.

2. Landlord Files an Eviction Lawsuit with the Court

The next step in the Louisiana eviction process is filing a formal eviction complaint with the court. Five days after serving the eviction notice, the landlord can file a Rule for Possession (the eviction lawsuit) in an appropriate local court. Louisiana evictions can be filed in a Louisiana City, District, or Justice of the Peace Court (LA CCP § 4731).

Eviction forms vary by court and county, so the landlord must visit the appropriate court’s website or physical location to retrieve the correct Rule for Possession form (e.g., Here is the Rule for New Orleans Second City Court).

The Rule for Possession typically includes the names of all parties, the rental property address, the reason/basis for eviction, the amount of rent/other fees due and the date the eviction notice was served. The landlord will also need to pay a filing fee, the amount of which varies depending on the court and location. In Baton Rouge City Court, for example, the filing fee is $160 plus $10 for each additional defendant.

3. Court Serves Tenant the Summons

Once the Rule has been filed, the court will issue a Citation (the summons to court). A sheriff or constable must serve the Citation with a copy of the Rule of Possession to the tenant. The summons will include the names and contact information of both parties, the name and address of the court, and the date and time of the court hearing that the tenant must attend, which must be at least three days after the Citation and Rule of Possession were served (LA CCP § 4732).

These documents generally must be served to the tenant either in person, to a suitable person residing at the unit, and/or mailed by certified mail with a return receipt. The landlord will also need to pay a fee of $30 for the sheriff to serve the citation to the tenant (LRS § 13:5530)

Louisiana law does not require the tenant to file a written answer with the court unless they are planning to appeal the judgment.

4. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the Rule for Possession, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment.

If the judgment is in the landlord’s favor, the tenant will be required to move out and the landlord will regain right to possession of the property.

If the tenant does not attend the hearing, a default judgment will be awarded to the landlord.

5. Tenant Gets 24 Hours to Move Out or Appeal

After the judgment of eviction has been entered, the tenant has 24 hours to comply and vacate the unit. They must move out within this time frame to avoid being forcibly removed by the sheriff (LA CCP § 4733).

The tenant can suspend execution of the judgment by appealing the case. However, they must submit a written answer to the court under oath that pleads an affirmative defense to the eviction. Both the appeal application and bond must be filed within 24 hours of the judgment for eviction in order for the execution to be suspended (LA CCP § 4735).

6. Sheriff Arrives to Forcibly Remove the Tenant

The final step in the Louisiana eviction process is the tenant’s removal. If the tenant does not move out or file an appeal and bond within 24 hours after the judgment, the court will immediately issue a Warrant of Possession. The Warrant is a formal court order for the tenant’s removal from the rental property. After receiving it, the landlord must take it to a sheriff, constable, or marshal to request its service and execution (LA CCP § 4733). The sheriff can charge a fee of $30 for service of the Warrant and between $10 and $30 for its execution (the actual removal of the tenant) (LRS § 13:5530).

The officer tasked with executing the warrant must do so in the presence of at least two witnesses. They will remove any locks that interfere with the eviction process, forcibly remove the tenant, and restore possession of the property to the landlord. (LA CCP § 4734). Afterwards, the officer will clear the premises of the tenant’s remaining personal property.

Storage Rules

Louisiana law does not state whether landlords need to store the tenant’s personal property remaining in the unit after eviction. In most cases, landlords can sell or dispose of abandoned property, but it’s recommended to store high value or personal items and inform the tenant where they are stored for retrieval.

Evicting a Squatter in Louisiana

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. According to squatters rights Louisiana enforces, squatters must have lived in the property for 30 years or for 10 years with color of title to invoke Louisiana squatters rights and claim right of possession (LA Civ. Code § 742). Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for what’s called “acquisitive prescription” in Louisiana, or adverse possession, to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Louisiana, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter a five-day notice to quit as per Louisiana eviction laws.
6. If the squatter does not vacate the premises by the end of the five-day period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: Louisiana Squatter’s Rights & Adverse Possession Laws [2025]

How Much Does an Eviction Cost in Louisiana?

This chart shows estimates of the approximate cost of the eviction process in Louisiana, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does an Eviction Take in Louisiana?

The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

Evictions can be challenging, costly, and stressful, but by taking proactive measures, you can minimize risks from the outset. Here are some best practices for Louisiana landlords:

• Perform thorough screening on all applicants. This includes checking credit, criminal, and eviction records to identify high-risk tenants before signing a lease.
• Conduct regular property inspections to catch lease violations or maintenance issues early, ensuring compliance and safeguarding your investment.
• Draft concise plain language lease agreements that clearly outline the responsibilities of both the tenant and landlord, reducing confusion and potential disputes.
• Be flexible when possible. Offering short grace periods or one-time accommodations can help maintain tenant relationships and prevent minor issues from escalating.
• Maintain open and professional communication so tenants feel comfortable discussing problems early, allowing for resolution before eviction becomes necessary.
• Consider alternatives to eviction, such as payment plans or temporary lease adjustments, to resolve issues without involving the courts.

Additional Reading: Louisiana Background Checks & Screening Online

While it’s aways ideal to avoid evictions entirely, sometimes they are inevitable. If you find yourself in the midst of eviction proceedings, make sure that you:

• Adhere strictly to court procedures and deadlines to avoid delays or dismissal of your case.
• Keep comprehensive records of tenant communications, rent payments, notices, and lease violations, as these can be vital in court.
• Utilize property management software to automate notices and securely store digital records, making them easy to retrieve and present as evidence if needed.
• Avoid "self-help eviction" tactics like changing locks, cutting utilities, or removing tenant possessions—these actions are illegal and can result in serious legal repercussions.
• Avoid accepting partial payments once eviction proceedings have begun, as this can complicate matters or delay the process if not handled properly.
• Seek guidance from legal professionals, such as eviction attorneys and lawyers, to represent you in court and navigate the process effectively.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Louisiana laws on eviction, you can feel more confident pursuing an eviction in this state.

FAQs

Is there a grace period for rent in Louisiana?

No, there is no state-mandated grace period for rent in Louisiana. Rent is considered late the day after it is due unless a grace period is specified in the lease agreement.

How does the eviction process begin in Louisiana?

It begins with the landlord serving a five-day eviction notice. This notice period applies for unpaid rent, lease violations, and illegal activity.

Can a tenant appeal an eviction judgment in Louisiana?

Yes, tenants in Louisiana can appeal by submitting a written answer under oath within 24 hours of the judgment. They must file both the appeal and bond to suspend execution of the judgment.

How long does the entire eviction process take in Louisiana?

The process typically takes between 2-5 weeks, depending on various factors like court caseload and whether the tenant contests the eviction.

Are there specific guidelines for evicting squatters in Louisiana?

Yes, squatters must receive a five-day notice to quit. If they don't leave, landlords can file for eviction. Only a sheriff can physically remove them.

Additional Resources

• Louisiana Code of Civil Procedure – This page includes more information about the specific rules of civil procedure and court policies according to Louisiana law.