Eviction — Landlord Side.
Louisiana eviction is a strict two-step process. Skip a step, and the case gets dismissed. Time yourself carefully — the timelines are short but unforgiving.
The Louisiana process at a glance
- Serve a written Notice to Vacate before filing anything.
- Wait the notice period.
- File a Rule to Evict with the court.
- Get a Rule for Possession setting a hearing (minimum three days out).
- Sheriff serves the tenant.
- Judge holds hearing and renders judgment.
- Wait 24 hours after judgment, then get the Warrant of Possession.
- Sheriff executes the warrant and removes tenant.
The step-by-step process
Confirm you have grounds
Common lawful grounds for eviction in Louisiana:
- Nonpayment of rent (La. C.C.P. art. 4701) — 5-day notice
- Lease termination at end of term with proper notice
- Breach of a material lease term (destruction, illegal activity, unauthorized occupants)
- Holdover after lease expiration
You cannot evict for reasons prohibited by fair housing law (race, familial status, disability, etc.) or in retaliation for a code complaint.
Serve the Notice to Vacate FIRST
You cannot file the Rule to Evict until the Notice to Vacate has been served AND the notice period has run.
Service methods (La. C.C.P. art. 4703):
- Hand it to the tenant personally
- Leave it at the premises with an adult occupant
- If neither is possible, tack a copy conspicuously to the door AND mail a copy
Document how and when you served it. Take a photo of the notice on the door. Save text messages. Keep the certified mail receipt.
Wait the notice period
Do not file until the full period has passed:
- 5 days for nonpayment of rent
- Notice period specified in the lease for other breach (typically 10–30 days)
- End of term for lease expiration
Filing early gets your case dismissed.
Determine which court
Eviction can be filed in:
- Justice of the Peace Court (some parishes)
- City Court (in cities that have one)
- Parish District Court (fallback if no JP or city court)
Call the parish Clerk of Court to confirm which court in your parish handles eviction. Some limit by amount; some by geography.
File the Rule to Evict and Rule for Possession
Attach:
- A copy of the lease (if any)
- A copy of the Notice to Vacate and proof of service
Filing fee varies ($50–$200).
Sheriff serves the tenant
Service must happen at least three (3) days before the hearing (La. C.C.P. art. 4732(A)). The sheriff or constable serves in the parish where the premises are located.
Attend the hearing
Bring:
- The lease (original if possible)
- Rent ledger showing all payments and balances
- The Notice to Vacate and proof of service
- Sheriff's return of service on the Rule
- Photos of any property damage or violations
- Witnesses if applicable
- Photo ID
The tenant will get the opportunity to defend. Common tenant defenses:
- Payment (they paid the rent you claim was unpaid)
- Warranty of habitability (property was uninhabitable)
- Waiver (you accepted late rent regularly, so you waived the right to insist on timeliness)
- Improper notice (defect in the Notice to Vacate)
Get judgment and wait 24 hours
If the judge rules for you, you get a judgment of eviction. You must wait 24 hours from the rendering of judgment (or dismissal of any appeal) before executing.
Get the Warrant of Possession
Take the signed Warrant to the sheriff or constable. They will schedule execution.
Sheriff executes the warrant
The sheriff or constable removes the tenant and their property from the premises. You cannot do this yourself. Attempting a "self-help" eviction (changing locks, removing property, turning off utilities) is illegal and subjects you to damages.
Louisiana law prohibits landlord self-help. You cannot lock a tenant out, turn off utilities, remove their property, or otherwise force them out without a court judgment and sheriff's execution. Doing so exposes you to damages, attorney fees, and potential criminal charges.
Accepting rent after serving the Notice to Vacate can waive your right to evict. If the tenant sends money, return it (documented) or hold it in escrow with a clear letter that acceptance does not waive the eviction.
Eviction takes 2–6 weeks and costs $200–$600 in filing and sheriff fees. If the tenant will voluntarily vacate on a set date in exchange for a modest amount ("cash for keys"), that is often faster and cheaper than eviction.