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What is the eviction process in Louisiana?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Louisiana eviction is governed by La. Code Civ. Proc. arts. 4701-4735 and Civil Code arts. 2668-2729 (lease).

1. Notice to Vacate

  • Nonpayment, lease breach, or holdover: 5-day notice to vacate (La. Code Civ. Proc. art. 4701). Notice may be waived in writing in the lease, in which case landlord may file immediately.
  • Notice may be delivered personally, posted on the door, or mailed.
  • Open-ended (month-to-month): 10 days notice to terminate the lease (La. Civ. Code art. 2728), then 5-day notice to vacate.

    • 2. Filing the Rule for Possession

    Landlord files a Rule for Possession in Justice of the Peace Court (parishes outside cities), Parish Court, or City Court (Orleans Parish: First and Second City Courts), depending on parish/city procedure. Filing fee is approximately $100-$250.

    3. Service and Hearing

    Constable or marshal serves the rule. Hearing must be held at least 3 days after service (art. 4732). Most courts schedule within 7-14 days.

    4. Trial

    Summary, informal proceeding before the judge. No jury for possession. Tenant may raise defenses including payment, improper notice, or violation of lease.

    5. Judgment and Warrant of Possession

    If landlord wins, judgment of eviction is entered. Warrant of possession issues 24 hours after judgment (art. 4733). The warrant directs the constable/marshal to remove the tenant.

    6. Appeal

    Tenant may appeal within 24 hours of judgment (art. 4735) to the appropriate court (parish to district; district to court of appeal). The appeal does not stay execution of the warrant unless tenant proves the lease has not terminated and posts a bond.

    7. Constable/Marshal Lockout

    Constable or marshal posts a 24-hour notice to vacate, then conducts the move-out, removing tenant and personal property to the curb.

    8. Tenant Defenses

    Landlord's failure to maintain (La. Civ. Code arts. 2696-2699 — warranty against vices and defects), retaliation (La. R.S. 9:3258, limited), self-help eviction prohibited (penalties under La. R.S. 9:3261.1), and improper notice.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You need to appeal within 24 hours
    • Lease waives the 5-day notice
    • Landlord locked you out or shut off utilities
    Related Statutes & Laws
    • La. Code Civ. Proc. art. 4701
    • La. Code Civ. Proc. art. 4732
    • La. Code Civ. Proc. art. 4733
    • La. Code Civ. Proc. art. 4735
    • La. Civ. Code art. 2696

    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.