What is the eviction process in Louisiana?
1. Statutory Framework. Louisiana eviction is a Rule for Possession of Premises under La. Code Civ. Proc. arts. 4701-4735. Substantive landlord-tenant rules sit in the Louisiana Civil Code arts. 2668-2729 and La. R.S. 9:3251 et seq.
2. Pre-Filing Notice. Louisiana requires a 5-day written notice to vacate before filing (La. C.C.P. art. 4701), unless the lease expressly waives notice. Nonpayment, lease breach, and end-of-term/holdover all use the same 5-day notice (subject to lease waiver). For month-to-month tenancies, La. Civ. Code art. 2728 requires 10 days' notice; longer notice for fixed-term leases ending.
3. Filing the Complaint. File the Rule for Possession in the justice of the peace court (rural) or city/parish court where the property is located. Filing fee is approximately $150-$250.
4. Tenant Answer / Default. Tenant is not required to file an answer; appears at the rule hearing scheduled at least 3 days after service (La. C.C.P. art. 4732). Failure to appear results in judgment of eviction.
5. Hearing. Court conducts a summary rule hearing. Defenses include implied warranty of habitability (La. Civ. Code art. 2696), retaliation (limited, case-law based), and federal Fair Housing Act discrimination. Either party may appeal devolutively within 24 hours of judgment (La. C.C.P. art. 4735).
6. Writ of Possession. Warrant of possession issues 24 hours after judgment unless suspensive appeal is granted with bond. Constable or sheriff executes the warrant.
7. Self-Help Prohibition. Louisiana common law and La. R.S. 9:3260 prohibit landlord lockouts and utility shutoffs; tenants may sue for damages plus attorney's fees and obtain injunctive relief.
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.
9. Just-Cause. Louisiana has no statewide just-cause requirement; New Orleans has a Healthy Homes Ordinance and additional notice requirements but no just-cause regime.
This is legal information, not legal advice.
- Tenant seeks suspensive appeal and must post bond within 24 hours
- New Orleans Healthy Homes or pre-eviction notice ordinance applies
- Subsidized housing eviction with HUD grievance rights
- La. C.C.P. arts. 4701-4735
- La. Civ. Code arts. 2668-2729
- La. R.S. 9:3251 et seq.
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.