Tenant Answer to Eviction.
If you have been served with a Rule to Evict, you have the right to defend. But the timeline is short and the hearing is fast. Preparation matters.
Your hearing is likely within 3–10 days of when you were served. Do not delay preparing.
Understand what you were served with
The paperwork the sheriff or constable gave you should include:
- A Rule to Evict (the landlord's complaint)
- A Rule for Possession (the judge's order setting a hearing date and time)
- Usually a copy of the Notice to Vacate and any lease
Read the Rule for Possession carefully. Note the exact date, time, courtroom, and address of the hearing.
The step-by-step response
Identify your defenses
Common defenses that can win or delay an eviction:
- You paid the rent. If the landlord claims nonpayment, gather every receipt, cancelled check, money order stub, bank statement showing payment, Zelle/Cash App/Venmo record, and texts confirming payment.
- Defective notice. If the Notice to Vacate was not properly served, or the notice period was too short, or the notice did not comply with the lease, the eviction fails.
- Waiver. If the landlord routinely accepted late rent without objection, they may have waived the right to insist on prompt payment.
- Warranty of habitability. If the property has significant defects (no water, no heat/AC in extreme weather, roof leaks, roaches/rodents, unsafe conditions) and you complained to the landlord in writing, you may have grounds to withhold rent under La. C.C. arts. 2691–2696.
- Retaliation. If the eviction came after you complained about code violations to a housing authority, this may be retaliatory.
- Discrimination. If the eviction is based on race, familial status, disability, national origin, or other protected class, it violates the federal Fair Housing Act.
Download and complete the Tenant Answer
Fill in your defenses. Attach copies of evidence (receipts, photos, communications).
File the answer before the hearing (if possible)
File a copy of your Answer with the Clerk of Court before the hearing if you can. Keep the original for yourself. Bring several copies to the hearing (one for the judge, one for the landlord, one for your file).
Gather evidence
Bring physical or digital copies of everything supporting your defense:
- Every rent payment receipt, bank statement, or app screenshot
- The lease (if you have it)
- Photos of any property defects, dated
- Every written complaint you made to the landlord (letters, texts, emails)
- Any responses from the landlord
- Any inspection reports or code enforcement notices
- Witnesses (neighbors, repairmen) if available
Arrive early
Get to the courthouse at least 30 minutes early. Some courts have long security lines. Check in with the clerk when you arrive. Sit in the courtroom and wait for your case to be called.
Be prepared to testify
When your case is called:
- Speak clearly and address the judge as "Your Honor"
- Answer the landlord's testimony point by point when it is your turn
- Show your evidence — hand documents to the bailiff to give to the judge
- Do not interrupt the landlord or the judge
- If you have a witness, they must be present and prepared to speak
If you lose, you have options
Ask for time to vacate. Even after a judgment against you, the judge can grant additional time if you have children, elderly household members, or other hardships. Ask.
Appeal. You have 24 hours to file a Motion for Suspensive Appeal (which requires posting a bond covering the anticipated rent during appeal). See the Small Claims / Civil appeal forms.
Voluntarily vacate. If you cannot win, moving on your own terms before the sheriff arrives protects your rental history and your property.
If you do not show up, the landlord almost certainly wins by default within hours. Any defense you had is gone. Even if your case is weak, showing up to explain your situation often results in more time or a payment plan.
Many Louisiana legal aid organizations have "eviction defense" projects with attorneys available same-day. Call before your hearing: Southeast LA Legal Services (504-529-1000), Acadiana Legal Service Corp., Legal Services of North Louisiana. Louisiana Free Legal Answers also provides written attorney answers within 48 hours at la.freelegalanswers.org.