Outline of the Eviction Process in Louisiana

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: La. Civ. Code art. 2672 to 2729 (Leases); La. Code Civ. Proc. art. 4701 to 4735 (Eviction Procedures).

2. Notice to Quit

• Written Notice to Vacate served:
  • Non-payment: 5-day notice to pay or vacate (waivable by lease).
  • Lease violation: 5-day notice to vacate (no cure unless lease allows).
  • Month-to-month: 10-day notice to terminate (30-day for agricultural leases).
  • No-fault/end of lease: 10-day notice; 5-day for fixed-term expiration.
  • Illegal activity or holdover: Immediate or 5-day notice to vacate (no cure).
• Delivery: Sheriff or constable delivery, posted on door, or mailed (certified mail).
• Tenant can cure only if lease allows (within 5 days).

3. Filing the Eviction Case

• File Rule to Show Cause in Justice of the Peace, City, or District Court.
• Documents: Petition, Notice to Vacate, lease, proof of service, non-military affidavit.
• Fee: ~$50–$150 (varies by court).
• Timing: After notice period expires (e.g., 6th day for 5-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 2 days before hearing.
• Methods: Personal delivery, left with resident (age 16+), or posted on door.
• Tenant must appear at hearing to contest; no written answer typically required.

5. Court Hearing

• Held 3–10 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, payment made).
• Outcomes: Eviction granted, case dismissed, or agreement (rare).

6. Judgment and Execution

• Warrant of Possession if landlord wins.
• Appeal: 24 hours to District Court (requires bond).
• Warrant issued: ~1–3 days post-judgment; sheriff or constable serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff or constable removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: La. Code Civ. Proc. art. 4733.

8. Tenant Protections

• Rights:
  • Limited cure rights (lease-dependent), defenses (retaliation, discrimination, weak).
  • No self-help evictions (landlord penalties include damages or property return).
• Resources:
  • Southeast Louisiana Legal Services (504-529-1000), slls.org, courts.la.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Parish practices may vary.
• Sources: La. Civ. Code art. 2672 to 2729; La. Code Civ. Proc. art. 4701 to 4735; slls.org.