Eviction Law in Lafayette, LA
Does dealing with a difficult tenant in Lafayette feel like a never-ending headache?
Whether it’s unpaid rent, repeated lease violations, or outright damage to your property, the frustration can quickly escalate. As a landlord, you have rights, but enforcing them under Louisiana’s tenant-friendly laws can be a challenge.
The eviction process is not just about delivering a notice and hoping for results. You need to follow Louisiana’s specific procedures to the letter—or risk having your case dismissed in court.
If you are ready to take control and protect your investment, we can help you connect with a Lafayette attorney who understands the nuances of local eviction law. Do not wait until the situation worsens—get the legal support you need today.
What Is an Eviction?
An eviction is the legal removal of a tenant after the landlord has issued a written notice. Most cases stem from nonpayment of rent or a violation of lease terms. However, the process can be time-consuming and expensive, especially in Louisiana, where housing laws tend to favor tenants.
Not every notice ends in an actual eviction. In many cases, the document acts as a final warning. If your tenant takes immediate steps to pay overdue rent or resolve the lease violation, they may be able to stay in the unit.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a tenant in Lafayette, LA regularly pays rent late—or has stopped paying altogether—you may have valid grounds to begin the eviction process. While some states allow for a brief grace period, habitual late payments are typically not protected. In such cases, a formal notice may be your next legal step.
Louisiana law requires landlords to give a five-day notice to vacate before proceeding with an eviction for nonpayment. That five-day window counts only business days, meaning weekends and legal holidays do not apply. This rule gives tenants a short but clear opportunity to correct the issue or prepare to leave the property.
To protect yourself, always issue written “late rent” notices and retain copies in your records. This documentation serves as important evidence if the case escalates to court. Having a clear paper trail strengthens your claim and demonstrates that you acted in good faith to resolve the matter before pursuing legal action.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are enforceable legal documents, and tenants are required to follow every condition outlined. If your tenant in Lafayette violates a lease term—such as subletting the unit without approval or allowing unauthorized occupants—you may have cause to begin the eviction process. The key is to show that the violation is material and ongoing, and that the tenant failed to correct it after being notified.
Landlords also have responsibilities under that same lease. If your agreement includes obligations like routine maintenance, timely repairs, or certain property conditions, you must uphold those promises. Otherwise, a tenant could use that failure as a defense in court.
The Tenant Damages the Property
Damage from tenants is inevitable, but not all damage is treated the same. Minor wear like scuffed floors or chipped paint, falls under normal use. However, if a tenant deliberately breaks windows, tears through drywall, or otherwise destroys your property, it could justify immediate legal action. In Lafayette, this type of damage may meet the threshold for eviction.
If the tenant attempts to make repairs on their own—without causing further harm—it might not be enough to warrant removal. Landlords should assess the nature and extent of the damage and keep detailed records, including photos, receipts, or third-party repair quotes.
The Tenant Uses the Property for Illegal Purposes
If you discover that your tenant is using the rental for criminal activity, such as drug distribution or trafficking stolen goods, you have a strong legal basis to begin the eviction process. In Louisiana, landlords are not required to tolerate any behavior that puts the property, neighbors, or community at risk.
To succeed in court, you must be prepared to prove the allegation. This might include law enforcement reports, surveillance footage, or eyewitness statements. Without documented evidence, accusations of illegal use may not hold up.
How to Evict a Tenant in Lafayette, Louisiana
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws vary not only from state to state but sometimes from one Louisiana parish to the next. That means landlords in Lafayette must be especially careful to follow the proper legal steps before attempting to remove a tenant. One misstep—such as failing to provide the correct notice—can delay the process or even lead to a dismissal. Consulting with a Lafayette eviction attorney early on can save time and prevent costly mistakes.
To help guide landlords, the Attorney General provides a landlord-tenant handbook that outlines the most common legal grounds for eviction. While each case is unique, courts in Lafayette Parish generally recognize the following reasons as valid:
- Breaching the terms of the lease
- Using the property for criminal purposes
- Repeatedly disturbing neighbors or creating a nuisance
- Failing to pay rent on time or refusing to pay at all
Step 2. Give a Formal Notice of Eviction
If your tenant continues to break the terms of your lease despite repeated conversations or warnings, the next step is formal notice. A written eviction notice acts as your final attempt to resolve the issue before involving the courts. It should clearly explain what the tenant did wrong and what action—if any—they can take to avoid being removed from the property.
In Lafayette, the standard is a Five-Day Notice to Vacate Premises. This document gives the tenant five business days to either fix the issue or move out. To comply with Louisiana law, the notice should include the following:
- The total amount of rent owed (if applicable)
- A clear explanation of the lease violation
- The tenant’s full name and the rental property address
- Your name as the landlord, along with a reliable phone number
Step 3. File the Eviction with the Court
After serving the eviction notice and waiting the required five days, your next move is to file with the local court. In Lafayette, eviction proceedings typically go through Lafayette City Court. Once you submit your petition, the court will assign a hearing date and notify the tenant with a formal summons.
Step 4. Contact an Experienced Lafayette, Louisiana Eviction Attorney and Prepare for the Hearing
Legal help can make all the difference once your case reaches court. An experienced Lafayette eviction attorney can help ensure your paperwork is in order and your claim is backed by solid evidence. For the hearing, make sure to bring the following:
- A signed copy of the lease agreement
- Rent payment records and account summaries
- Copies of any bounced or returned checks
- Texts, emails, or written notices exchanged with the tenant
- A copy of the eviction notice you served
- Proof that the tenant received the notice (such as a certified mail receipt or a process server affidavit)
Step 5. Evict the Tenant
If the judge rules in your favor, the court will give your tenant a short window to leave voluntarily. In Lafayette, this usually means 24 to 72 hours. If the tenant still refuses to vacate, you have the right to request assistance from the Lafayette City Marshal. Only law enforcement can carry out a physical removal—landlords cannot do this on their own.
Step 6. Collect Past-Due Rent Payments
Winning possession of your property does not guarantee you will recover the rent you are owed. Fortunately, there are a few legal tools you can use to collect a judgment:
- Hiring a licensed debt collection agency
- Garnishing the tenant’s state or federal tax refunds
- Garnishing wages through a court order
- Filing a separate claim in small claims court for the outstanding balance
Work with an Experienced Eviction Attorney in Lafayette, Louisiana
Tenants often try to stall the eviction process by claiming the notice was invalid or improperly served. Do not let a technical error undermine your case. A skilled Lafayette attorney can step in, handle the paperwork, and represent your interests at every stage.
Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area! We can even help you connect with an attorney across Louisiana state lines.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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