🏛️ Courthouse Information and Locations for Louisiana
Louisiana Eviction Laws: Notice Requirements, Process, and Timelines
Louisiana handles evictions through Parish Courts using a unique process rooted in civil law tradition rather than common law. For nonpayment of rent, landlords must provide a 5-day notice to vacate (not a notice to cure—Louisiana’s notice simply demands the tenant leave). Louisiana is notably landlord-friendly with one of the fastest eviction timelines in the country when procedures are followed correctly. The state uses Parish Courts and City Courts depending on location. Below you’ll find the key details every Louisiana landlord needs to know.
Louisiana Eviction Laws
Comprehensive guide to Louisiana's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Justice of the Peace Court / City Court / District Court.
⚡ Quick Overview
💰 Nonpayment of Rent
VERY landlord-friendly state. 5-day notice is UNCONDITIONAL - no cure right, tenant must vacate. Notice can be WAIVED in lease - if waived, landlord can file immediately without any notice. No grace period. No statewide late fee cap. No security deposit cap. Tenant gets only 24 hours to appeal after judgment. Lease term notice: 10-day for month-to-month, 30-day for year lease. Do not count weekends/holidays in 5-day period.
📋 Lease Violation
Same 5-day unconditional notice for all eviction types - nonpayment, lease violation, end of term. No separate cure period. Lease can waive notice entirely. Landlord must specify grounds for eviction in Rule for Possession. Illegal activity: same process but courts may expedite.
📬 Service of Process
Rule for Possession (court filing) served by sheriff/constable at least 2 days before hearing. Notice to Vacate served by landlord or agent directly - no formal service requirement beyond delivery.
🏛️ Court & Legal Information
Process generally fast - one of the quickest in the US. Rule for Possession hearing set 2+ days after filing. Delays possible if tenant contests or appeals. New Orleans courts may have backlogs.
⚖️ Appeals & Post-Judgment
Sheriff/constable executes judgment of eviction. Only sheriff can physically remove tenant. Illegal for landlord to lock out tenant without court order. Landlord places belongings on public right-of-way or as directed by court.
📦 Tenant Property & Abandonment
No specific Louisiana statute on abandoned property after eviction. Landlord should act reasonably - inventory, attempt to notify tenant, store for brief period. Check local court orders which may specify.
🏦 Security Deposits
No statutory cap on deposit amount. Return within 30 days (1 month) with itemized deductions (RS 9:3251). Penalty for willful failure: $300 or 2x amount wrongfully retained, whichever is greater, plus attorney fees (RS 9:3252). Tenant must provide forwarding address. Does not apply if tenant abandons without notice.
💵 Late Fees
No statutory cap on late fees, grace periods, or application fees. Landlord-friendly - left entirely to lease terms.
🛡️ Tenant Protections
No rent control in Louisiana. No statewide or local rent stabilization measures.
🏙️ Local Overrides & City-Specific Rules
New Orleans has Right to Counsel program for qualifying tenants in eviction cases. Baton Rouge City Court has specific eviction procedure guidelines. Local courts may have differing form requirements.
Underground Landlord📝 Louisiana Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Justice of the Peace Court / City Court / District Court. Pay the filing fee (~$50-150).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Louisiana
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
ℹ️ tenant_property_abandonment_days (no statute)
Underground Landlord
Louisiana Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General educational information only, not legal advice. Louisiana eviction rules can vary by parish and court. Consult a qualified Louisiana attorney for legal advice on your specific situation.
Overview: How Evictions Work in Louisiana
Louisiana’s eviction process is heavily built around the Notice to Vacate and a court proceeding often called a Rule for Possession. Unlike most states that follow common law traditions, Louisiana’s legal system is rooted in civil law, which affects how eviction procedures work.
Louisiana is notably landlord-friendly with one of the fastest eviction timelines in the country when procedures are followed correctly. The process uses City Courts, Justice of the Peace Courts, or District Courts depending on location and the amount in controversy.
Self-help evictions are strictly prohibited. Landlords cannot change locks, shut off utilities, remove doors, or intimidate tenants into leaving. Such actions can create civil and criminal liability and will torpedo your eviction case.
The Central Rule: Louisiana’s 5-Day Notice to Vacate
Louisiana law provides that when a tenant’s right of occupancy has ended (including for nonpayment or lease termination), and the landlord wants possession, the landlord must deliver a written notice to vacate giving the tenant not less than five (5) days from delivery to vacate.
Key points about the 5-day notice:
- The notice must be in writing
- It must give at least 5 days from delivery (not from mailing)
- It should clearly state that the tenant must vacate by the deadline
- Keep proof of how and when it was delivered
Important: Louisiana’s notice is a notice to vacate, not a notice to cure. The tenant is being told to leave, not given an opportunity to fix the problem. This is different from many other states.
Can the Lease Waive the Notice Requirement?
Some Louisiana leases include a waiver of the notice requirement. Courts often look closely at whether the waiver is clear and enforceable, and landlords must be prepared to cite the specific lease clause if they file without giving notice.
Local court guidance explicitly mentions the waiver concept and the need to plead it correctly in your filing. If you’re relying on a waiver, you must:
- Quote the specific lease clause containing the waiver
- Plead it properly in your court filing
- Be prepared to argue its enforceability if challenged
Practical advice: Even if your lease contains a waiver, many experienced Louisiana landlords still give the 5-day notice anyway. This reduces arguments about enforceability and can help resolve the situation voluntarily without court involvement.
Louisiana Eviction Process Timeline (Step by Step)
Step 1 – Serve the Notice to Vacate. Deliver a written notice giving the tenant at least 5 days to vacate. Keep proof of delivery (certified mail receipt, process server affidavit, or witness signature). If relying on a lease waiver, be prepared to cite it.
Step 2 – File for eviction. If the tenant does not vacate by the deadline, file in the appropriate court:
- City Court: Available in incorporated municipalities
- Justice of the Peace Court: For smaller amounts and rural areas
- District Court: For larger claims or where other courts don’t have jurisdiction
Because Louisiana is parish- and court-structure dependent, procedures and scheduling can vary widely by location.
Step 3 – Court hearing. Both parties appear before the judge. The documentation judges want is consistent:
- Lease agreement (or proof of tenancy)
- Rent ledger or proof of breach
- Copy of notice to vacate
- Proof of delivery/service
- If claiming waiver: the specific lease clause
Step 4 – Judgment. If the landlord proves their case, the court enters a judgment for possession. Louisiana’s eviction process can move quickly once judgment is entered.
Step 5 – Post-judgment and enforcement. Tenants may have a short window to vacate or appeal following judgment—timing can be tight. If the tenant does not leave voluntarily, the sheriff enforces the judgment and removes the tenant.
Tenant Defenses and Pitfalls
Tenants most often challenge:
- Whether notice was properly delivered: Landlords often lose time because they “kind of” served notice (text message, casual email) without a method the court accepts as proof.
- Whether the notice period was correct: Less than 5 days from actual delivery is defective.
- Whether the lease waiver applies: Tenant may argue the waiver clause is unclear or unenforceable.
- Whether rent was accepted after termination: Accepting rent after the tenancy should have ended can undermine your case.
- Retaliation/habitability arguments: Fact-dependent but can delay proceedings.
- Self-help allegations: If the landlord attempted lockouts or utility shutoffs, the case can be dismissed and landlord held liable.
Louisiana Eviction Context (Late 2025–January 2026)
Louisiana continues to have one of the faster eviction processes in the country when landlords follow proper procedures. The 5-day notice period is shorter than most states, and courts typically schedule hearings promptly.
New Orleans and Baton Rouge may have heavier court dockets, while rural parishes often move even faster. Post-pandemic rental assistance programs have largely ended, and eviction filings have returned to typical levels.
The unique civil law tradition means Louisiana eviction procedures don’t always match what landlords might expect from other states. Landlords relocating from common-law states should not assume their previous experience translates directly.
Best Practices for Louisiana Landlords
- Deliver a notice that clearly provides at least 5 days and keep proof of delivery (certified mail, process server, or witness).
- If claiming a lease waiver of notice, be ready to quote the specific clause and plead it properly.
- Even with a waiver, consider giving notice anyway to avoid enforceability disputes.
- Avoid lockouts, utility shutoffs, intimidation, or removing doors—these create civil/criminal exposure and torpedo your case.
- Don’t accept rent after serving the notice to vacate.
- Consider an “exit agreement” when appropriate (surrender date, keys returned, payment terms documented).
- Maintain accurate rent ledgers and keep copies of all communications.
- Know which court has jurisdiction over your property’s location.
Quick Reference: Louisiana Eviction Rules
- Notice to vacate: Minimum 5 days from delivery
- Notice type: Notice to vacate (not notice to cure)
- Lease waiver: May eliminate notice requirement if properly drafted and pled
- Court type: City Court, Justice of the Peace, or District Court (varies by location)
- Post-judgment: Short window to vacate or appeal
- Removal: Sheriff only, after judgment
- Self-help evictions: Prohibited (civil and criminal liability)
Bottom line: Louisiana evictions revolve around notice quality and proof. Get the 5-day notice right (or the waiver right), and the rest of the process is usually manageable.