Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 5 Days | Yes |
| End of Lease or No Lease | 10 Days | No |
| Lease Violation | 5 Days | Yes |
In Louisiana, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 5 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out. [1]
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Louisiana the day immediately after its due date. Louisiana landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on January 1st, it will be considered late starting on January 2nd, unless the lease specifically states there is a grace period.
In Louisiana, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”) . To do so, the landlord must first terminate the tenancy by giving the tenant a proper 10-days’ notice to move out. [3]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Louisiana, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Louisiana landlord-tenant law. To do so, the landlord must first serve the tenant a 5 days’ notice to comply or vacate. [1]
Landlords are not legally required to give tenants a chance to fix a lease violation. So at the discretion of the landlord, the tenant either has the option to fix the issue or move out within the 5-day period.
Examples of lease violations include: [4]
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Louisiana, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant $200 and/or could face imprisonment up to 3 months. [5]
A landlord is not allowed to attempt to forcibly remove a tenant by:
A tenant can only be legally removed with a court order obtained through the formal eviction process.
In Louisiana, there is no state statute prohibiting landlords from retaliating against tenants for exercising their legal rights (i.e., pursuing a legal action against the landlord, joining a tenant’s union).
A landlord can begin the eviction process in Louisiana by serving the tenant with written notice. The l ease typically controls policies for delivery of an initial written eviction notice. If the lease is silent, the law requires a delivery method that is “reasonable in form.” These methods, taken from eviction for nonpayment of rent on an oral lease, are legally sufficient for most situations: [8] [9]
Unlike most states, a written lease in Louisiana can include waiver of ALL notice requirements , if the parties agree. This waiver lets a landlord file for eviction immediately without providing notice to the tenant first. [10]
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
In Louisiana, if a tenant is late on paying rent (full or partial), the landlord can serve them a 5-Day Notice To Quit. This eviction notice gives the tenant 5 days, not counting legal holidays, to pay the balance due or move out.
For a tenant with no lease or a month-to-month lease in Louisiana, the landlord can serve them a 10-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 10 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 5 Days |
| Month-to-Month | 10 Days |
| Quarter-to-Quarter | 30 Days |
| Year-to-Year | 30 Days |
| No Definite Term | 5 Days |
In Louisiana, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a 5-Day Notice To Comply or Vacate. This eviction notice gives the tenant 5 days, not counting legal holidays, to fix the issue or move out.
As the next step in the eviction process, Louisiana landlords must file a complaint in the appropriate court, and the court will issue a Rule for Possession (or Rule to Evict) ordering the tenant appears for a hearing.
In City and District Courts the Rule for Possession shall be written and must state the cause for the eviction.
In Justice of the Peace Courts the Rule for Possession does not need to be written.
Step 3: Court Serves Tenant with Summons and Complaint
The Rule for Possession must be served on the tenant by a sheriff or constable at least two days prior to the eviction hearing, through one of the following methods:
The summons and complaint must be served on the tenant at least 2 days prior to the eviction hearing.
The eviction hearing must be held at least 3 days after the summons was served on the tenant. [6]
If the tenant fails to appear for the hearing, it will not be continued, and the judge may issue a default judgment in favor of the landlord, meaning the tenant will have to move. If the judge rules in favor of the landlord, a summary possession execution will be issued and the eviction process will proceed.
The writ of possession is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff, constable, or marshal returns to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, the court will issue a writ of possession or a writ of execution. This could happen at the eviction hearing or at a later date.
The tenant will be forcibly removed from the rental unit if they don’t move out before the writ is executed.
The writ of possession may be issued as soon as a few hours to a few days after the hearing.
If tenants have not moved out of the rental unit 24 hours (i.e., midnight the following night) after the writ is issued, the sheriff, constable, or marshal will return to forcibly remove the tenant. [7]
The sheriff, constable, or marshal shall be in the presence of two witnesses to clear the rental unit. If necessary, they may break open any window, door, or gate on the premises that is locked and stopping them from entering the premises.
The tenant must move out within 24 hours of the date of the writ is issued.
In Louisiana, an eviction can be completed in 2 to 5 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Louisiana eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-30 Calendar Days |
| Court Issuing Summons | ~2 Business Days |
| Court Serving Summons | ~2 Business Days |
| Tenant Response Period | Not Required |
| Court Ruling | 3 Business Days |
| Court Serving Writ of Possession | 1-3 Business Days |
| Final Notice Period | 24 Hours |
Flowchart on iPropertyManagement.com" width="846" height="1651" />
The average cost of an eviction in Louisiana for all filing, court, and service fees is $170. However, the cost can vary by parish. Eviction lawsuits are filed in City Court where the dwelling unit is located.
| Fee | City |
| Initial Court Filing | $100 + |
| Citation Service | $30 |
| Warrant of Possession Service | $30 |
| Warrant of Possession Execution | $10+ |
| Notice of Appeal Filing (Optional) | $125+ |
When a lessee’s right of occupancy has ceased because of the termination of the lease by expiration of its term…nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises…written notice to vacate the premises…shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises.
A. Whenever any lessee of any apartment building, house, motel, hotel, or other such dwelling fails to pay rent that has become due and delinquent, within twenty days after delivery of written demand therefor made in accordance with the provisions of this Section…C. The provisions of this Section shall apply to oral leases only.
(1) In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period; (2) In a month-to-month lease, ten calendar days before the end of that month; (3) In a lease…equal to or longer than a week but shorter than a month, five calendar days before the end of that period…
The lessee is bound:
(1) To pay the rent in accordance with the agreed terms;
(2) To use the thing as a prudent administrator and in accordance with the purpose for which it was leased; and
(3) To return the thing at the end of the lease in a condition that is the same as it was when the thing was delivered to him, except for normal wear and tear or as otherwise provided hereafter.
C. Any person guilty of entering and removing any property in violation of this Section shall be fined not more than two hundred dollars or imprisoned for not more than three months, or both. Nothing in this Section shall deprive the party injured of his civil action in damages.
A. The court shall make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made. B. …The judgment of eviction shall be effective for not less than ninety days.
If the lessee or occupant does not comply with the judgment of eviction within twenty-four hours after its rendition, the court shall issue immediately a warrant directed to and commanding its sheriff, constable, or marshal to deliver possession of the premises to the lessor or owner.
A contract of unspecified duration may be terminated at the will of either party by giving notice, reasonable in time and form, to the other party.
For implicit guidance on what form of notice delivery may be reasonable in a leasing context, see, e.g., La. Stat. tit. 9 § 3259(B) & (C):
B. Delivery of written demand for purposes of this Section may be accomplished by mailing the written demand by certified mail to the last known address of the lessee, by personal delivery to the lessee or by tacking the written demand on the door of the leased premises.
C. The provisions of this Section shall apply to oral leases only.
See also La. Stat. tit. 9 § 3259.3 (“The notice shall be delivered in person to the lessee or sent by certified mail to the last known address of the lessee.”)
If the premises are abandoned or closed, or if the whereabouts of the lessee or occupant is unknown, all notices, process, pleadings, and orders required to be delivered or served on the lessee or occupant under this Title may be attached to a door of the premises, and this shall have the same effect as delivery to, or personal service on, the lessee or occupant.
(Note that posting to the door of the premises is a valid method of service for premises that have NOT been abandoned, per La. Stat. tit. 9 § 3259(B), but ONLY in the highly specific context of evicting an oral lessee for nonpayment of rent.)
When a lessee’s right of occupancy has ceased because of the termination of the lease by expiration of its term, action by the lessor, nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall cause written notice to vacate the premises to be delivered to the lessee.
A lessee may waive the notice requirements of this Article by written waiver contained in the lease, in which case, upon termination of the lessee’s right of occupancy for any reason, the lessor or his agent may immediately institute eviction proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil Procedure.
Can a landlord evict you immediately in Louisiana? Can a landlord evict you immediately in Louisiana?No, a landlord cannot evict you immediately in Louisiana. You must be given written notice first, and the landlord must follow the legal eviction procedures, meaning you cannot be removed from the rental unit without a court order. Read more » Can you evict a tenant without a lease in Louisiana? Can you evict a tenant without a lease in Louisiana?Yes, you can evict a tenant without a lease in Louisiana. Tenants must be given 5, 10, or 30 days’ written notice depending on the length of the lease term before the landlord can begin an eviction action. Read more » Can you kick someone out of your house in Louisiana? Can you kick someone out of your house in Louisiana?Yes, you can kick someone out of your house in Louisiana; however, if the person paid rent or performed services around the home in exchange for living there, you may be required to follow the legal eviction process. Read more » Can a landlord evict someone for no reason in Louisiana? Can a landlord evict someone for no reason in Louisiana?If the lease has expired, or if there is no written lease, then a landlord can evict someone for no reason in Louisiana. However, the landlord is still required to provide at least 5 days’ written notice. Read more »
