As a landlord in Louisiana, you can evict a tenant for various reasons. Legitimate reasons for evictions include nonpayment of rent, illegal activity, and lease agreement violations. But in all of these cases, you must obtain a court order before evicting the tenant.
Obtaining a court order is a multi-faceted process. The exact eviction process in Louisiana to follow will depend on the reason for your eviction.
The following is a basic overview of Louisiana eviction laws so landlords can better understand the process.
What Is the Louisiana Eviction Process?
Before you begin an eviction, you must have a valid legal reason to do so. Common legal grounds for eviction in Louisiana include nonpayment of rent, exceeding the rental term, and violating lease agreement terms.
If your tenant is guilty of the above, you must follow the following eviction process.
Terminate the Tenancy
To terminate a tenancy, you’ll need to serve the tenant a proper eviction notice. The kind of written notice you serve will depend on the lease violation.
If a tenant fails to pay rent, you must serve them a 5-Day Notice to Quit. This will give the tenant five days to pay the rent due or move out of the property. If the tenant doesn't begin paying rent or moving out within five days, you can go to court and file an eviction lawsuit.
To evict a tenant with no written lease or after a month-to-month
lease agreement ends, you must serve them a 10-Day Notice to Vacate. This will give the tenant 10 calendar days to move out.
You must use other notice types for other periodic tenancies. For instance, to terminate the tenancy of a week-to-week tenant, you must serve a 5-Day Notice to Vacate. If the tenant doesn’t move out by the end of the notice period, you can escalate the process further by moving to court.
To evict a tenant who violates the terms of your lease, you will serve them a 5-Day Notice to Comply or Vacate. This will give the tenant five calendar days to fix the violation or move out of the property.
Examples of common lease violations include illegally subletting the unit, causing negligent property damage, or refusing landlord entry.
If the tenant cures the violation within the notice period, you cannot proceed with the eviction process. However, if they do not remedy their error, you can move to court for further help in evicting them.
Louisiana law requires that landlords serve tenant eviction notices using one of the following methods.
- Serve it to the tenant in person.
- Post the notice in a conspicuous area on the property AND mail a copy to the tenant via certified mail.
- Mail a copy of the notice to the tenant via
certified mail with a return receipt.
File an Eviction Lawsuit
This is the second step in the eviction process under
Louisiana Landlord Tenant
Law. If the tenant doesn’t move out within the notice period, you can go to a District Court or a Justice of the Peace Court and file a complaint.
After successfully filing your complaint, the court will issue you a Rule for Possession or a Rule to Evict. This rule will order the tenant to appear for a court hearing.
Summons and Complaint
After obtaining the Rule for Possession, you must take it to a sheriff or a constable who will serve it to the tenant. It must be served to the tenant at least two days before the hearing.
A rule for possession can be delivered to the tenant in the following ways.
- Serve it to the tenant in person.
- Mail a copy to the tenant.
- Post a copy in a conspicuous place on the property, such as the front door.
Hearing and Judgment
The hearing must take place at least three days after serving your summons and complaint to the tenant. If the tenant doesn’t attend the hearing, the court will most likely make a default judgment in favor of the landlord. The tenant will then have to move out of the property.
Tenants have a right to appeal the court’s ruling. However, the tenant will still have to vacate the property pending the results of their appeal by the court. The only exception to this rule is if the tenant filed a written answer objecting to their removal.
Some of the objections a Louisiana tenant can give to stop their eviction include the following.
- They paid the rent due within the notice period.
- The eviction notice contained substantial errors.
- The eviction was a retaliatory tactic after the tenant exercised their rights.
- The grounds for the eviction were based on the tenant’s race, color, nationality, religion, sex, or other
Fair Housing Act protected classes.
If the judgment is in your favor, either by default or through a successful hearing, the court will issue you a writ of possession.
Writ of Possession
This serves as the tenant’s final notice to leave the property. It allows them to remove their belongings from the unit before the sheriff or constable can forcefully eject them. A writ of possession gives the tenant a maximum notice of 24 hours to vacate the property.
Bottom Line
Experience goes a long way in ensuring a successful eviction. That’s why many property owners and investors seek help from a reputable property management company. If you have a question or need help evicting a tenant,
Sage Property Management can help.
We’re a leading property management company in Baton Rouge. Our team can also help you fill vacancies, collect rent, file taxes, and maintain your rental. Get in touch to learn more about our services!
Disclaimer: This blog does not constitute legal advice from a licensed attorney. Laws change and this information may become obsolete at the time you read it. For further help, please get in touch with a qualified attorney or an experienced property management company.
