Posted in Blog  
  on Nov 16, 2015

What is the Eviction Process in Louisiana

The most common reason for the eviction process in Louisiana to begin is because of the nonpayment of rent. When this occurs, landlords are permitted to issue what is known as a 5 Day Notice to tenants who have failed to pay rent on time. Other rental agreement violations also require a 5 Day Notice. For landlords wishing to remove tenants that are on a month-to-month lease, a 10 Day Notice is required. This gives the tenant 5-10 days to cure the default (pay their rent) or risk these additional steps being implemented.

1. The Rule For Possession.

Landlords who wish to proceed with the eviction process in Louisiana must file for what is called a Rule For Possession. This is done through the local court and is a ruling for only possession. Landlords may also file a civil lawsuit for any financial damages which they feel may be owed to them. Hearing dates may be set for as little as 72 hours after the tenant is served with notice.

2. The Verified Answer.

Tenants are allowed to provide an affirmative defense. If filed on time, both sides of the eviction debate will be heard before a judge because there are no jury trials in Louisiana over eviction matters. Failing to provide a verified answer may result in a default judgment.

3. The Warrant For Possession.

If a landlord prevails in the hearing, then the court will issue a verdict in their favor immediately. This gives the tenant just 24 hours to move out of the rental property or file an appeal. If the tenant still does not leave, then a Warrant For Possession must be asked for and this will give the local law enforcement officers the ability to enter the rental unit. Tenants and possessions at this point can be forcibly removed.

The eviction process in Louisiana is designed to help landlords reclaim their property should it become necessary to do so with a minimum level of damage. At each step, tenants and landlords are encouraged to come to their own settlement. If you have a specific question about your circumstances, be sure to consult with a legal professional within your parish who is experienced in this area of law.


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