Eviction Law in Louisiana

What Is an Eviction?

An eviction is the forceful exit of tenants following a notice issued by the property owner or landlord. Evictions usually result from failure to pay rent or violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience, as landlord-tenant laws favor tenants. Getting a better understanding of eviction law in Louisiana can help.

Even though eviction notices occur due to serious problems with the tenant, not all eviction notices lead to an actual eviction. Often, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Louisiana tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant is always paying late, that grace period does not apply and the property owner can provide an eviction notice.

Louisiana Code of Civil Procedure states that landlords can give a five-day notice of eviction for nonpayment. However, it’s crucial to note that holidays or weekends do not count toward this time.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate this rule, you can begin the eviction notice process.

The lease agreement is also legally binding for the landlord. This means that any Louisiana landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.

The Tenant Damages the Property

Damage to a rental property is inevitable over time. Normal wear and tear, like minor scuffs on walls or worn-out blinds, is part of everyday living. However, intentional damage goes beyond the ordinary and should be addressed.

If your tenant is causing significant harm to your property, such as punching holes in walls or shattering windows, this could be grounds for eviction. On the other hand, if the tenant takes responsibility and repairs the damage without making unauthorized changes, eviction may not be necessary or justified.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your property for illegal activities, such as selling drugs or weapons, this is clear grounds for eviction. Reporting the situation to law enforcement could also lead to criminal charges against the tenant.

To proceed, you’ll need solid evidence of the illegal activity. Law enforcement reports or documentation of any incidents at the property can be valuable in supporting your case.

How to Evict a Tenant in 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 Louisiana Eviction Law

Eviction law in Louisiana is different than in other states and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Louisiana attorney can help review your case to determine if you do.

The Louisiana Attorney General publishes a guide that describes the obligations for landlords and tenants. For example, renters should follow through with the following or risk losing their homes:

Obtaining written consent to make modifications
Allowing the owners to make necessary repairs
Avoiding misuse of the purpose for renting the house or apartment
Keeping the property in good condition beyond normal wear and tear

Step 2. Give a Formal Notice of Eviction

If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.

The eviction notice should include a deadline for the tenant to either pay rent or move out, and the amount the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.

In addition, the New Orleans Bar Association provides a template for a Five Day Notice to Vacate Premises. Whether you use this document or create your own, there’s some essential information to include. To create a proper notice, make sure to have at least the following, along with a certificate of service:

Name of the tenant
Address for the property
Date of the notice
Statement of the reason for eviction

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons.

According to the Louisiana State Bar, these cases will likely go to a city court for legal resolution.

Step 4. Contact an Experienced Louisiana Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

Lease agreements
Records of payments
Bounced checks
Record of communication between you and the tenant
Record of the eviction notice
Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Louisiana law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Hiring a private debt collector
Garnishing their tax refunds
Garnishing their wages
Taking the case to small claims court

Work with an Experienced Eviction Attorney in Louisiana

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Louisiana attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across Louisiana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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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