Eviction Law in Louisiana
Dealing with a non-paying or disruptive tenant is more than just frustrating—it can put your entire rental income at risk. In Louisiana, where property rights run deep but tenant protections are just as strong, it’s easy for landlords to misstep. If you’re ready to evict a tenant, you need to be sure you’re on solid legal ground before taking action.
If you’re facing a tenant who won’t cooperate, let us help. We can connect you with a Louisiana eviction attorney who can make sure the process goes by the book.
What Is an Eviction?
An eviction happens when a landlord formally demands that a tenant leave the property—often due to unpaid rent or a lease violation. But even when a tenant causes problems, the eviction process isn’t always quick or easy.
In Louisiana, the law gives tenants certain protections, and landlords must follow specific legal steps to remove someone from a rental unit. Understanding how the process works can help both parties avoid costly missteps.
It’s also important to know that receiving an eviction notice doesn’t automatically mean a tenant will be forced out. In many cases, the notice acts as a final warning. If the tenant catches up on rent or corrects the lease violation, they might be able to stay in the home.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
1If a tenant in Louisiana regularly pays rent late—or stops paying altogether—you likely have grounds to start the eviction process. While some states allow a grace period for the occasional delay, repeated late payments are treated differently. In Louisiana, chronic nonpayment isn’t protected, and landlords can move forward with issuing an eviction notice if the pattern continues.
Under the Louisiana Code of Civil Procedure, a landlord may serve a five-day notice to vacate for nonpayment of rent. It’s important to remember that this five-day period does not include weekends or legal holidays. That means the countdown starts on the first business day after the notice is delivered.
To protect yourself, always issue written “late rent” notices and keep copies for your records. These documents help demonstrate a pattern of nonpayment and can support your case in court if the tenant disputes the eviction. Without written proof, you may face a tougher time convincing a judge that eviction is justified.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease is more than a formality—it’s a binding contract. When a tenant breaks its terms, such as sneaking in an unauthorized roommate or ignoring pet restrictions, it can be enough to start the eviction process. Landlords in Louisiana have the right to enforce lease rules, especially when the violation disrupts the property or other tenants.
But the lease works both ways. Landlords are also legally required to follow its terms, including making repairs or providing maintenance as outlined. If you expect tenants to uphold their end of the deal, be sure you’re holding up yours as well. Consistency is key when eviction becomes necessary.
The Tenant Damages the Property
Scuffed floors and faded paint are part of the job—but holes in walls or broken fixtures are something else entirely. If a tenant causes serious or intentional damage to your property, it could be grounds for eviction under Louisiana law.
Before taking legal action, consider the tenant’s response. If they acknowledge the damage and take proper steps to fix it without making unapproved alterations, you might not need to pursue eviction. But if the damage continues—or the tenant refuses to take responsibility—document everything and prepare to act.
The Tenant Uses the Property for Illegal Purposes
Using your rental for illegal purposes—like drug sales or weapons trafficking—is a serious violation that can justify immediate eviction. These actions not only break the lease but also expose you to legal risk and compromise the safety of your property and neighbors.
If you suspect illegal activity, gather as much evidence as possible. Police reports, incident documentation, or complaints from neighbors can strengthen your case. Without proof, an accusation alone won’t hold up in court—so be thorough before moving forward.
How to Evict a Tenant in Louisiana
Step 1. Check Louisiana Eviction Law
Eviction rules in Louisiana aren’t one-size-fits-all—they can vary from state guidelines to local ordinances depending on the parish or city. That’s why it’s critical to understand the specific laws that apply where your rental property is located.
Before issuing a notice, make sure you have a valid legal reason to move forward. If you’re unsure, a Louisiana attorney can review your situation and help you avoid costly legal mistakes.
The Louisiana Attorney General provides a helpful guide outlining tenant responsibilities that, if violated, may justify eviction. Renters are expected to meet these basic obligations to remain in good standing:
- Get written permission before making any changes to the property
- Allow the landlord access to make necessary repairs
- Use the property only for its intended residential purpose
- Keep the unit in good condition and avoid causing damage beyond normal wear and tear
Step 2. Give a Formal Notice of Eviction
If you’ve already tried to resolve the issue and your tenant continues to break the lease, it may be time to move forward with a formal eviction notice. This notice acts as a final warning and should clearly explain the lease violation—whether it’s unpaid rent, unauthorized occupants, or property damage. It should also outline what the tenant can do to avoid eviction, such as paying the overdue rent or fixing the problem within a specific timeframe.
Your notice must include a clear deadline and the total amount owed, if rent is the issue. If you’re not sure how to draft one, you can use an online template or ask a Louisiana attorney to help.
The New Orleans Bar Association offers a sample Five Day Notice to Vacate Premises, which is commonly used in eviction proceedings. Whether you use that or write your own, make sure your notice includes the following key details, along with a certificate of service:
- Full name of the tenant
- Rental property address
- Date the notice is issued
- Reason for eviction (e.g., nonpayment, lease violation)
- Specific actions required to stop the eviction (if applicable)
- Deadline for compliance or vacating the property
Step 3. File the Eviction with the Court
Once you’ve served the eviction notice and the deadline has passed, the next step is filing your case in court. Don’t wait too long—eviction filings typically need to happen within a few days after the notice period ends. Once filed, the court will assign a hearing date and issue a summons to notify the tenant.
In most cases, Louisiana eviction disputes are handled in city or parish courts, depending on where the property is located. The Louisiana State Bar recommends checking with your local court for filing requirements and deadlines, as procedures can vary slightly by jurisdiction.
Step 4. Contact an Experienced Louisiana Eviction Attorney and Prepare for the Hearing
It’s a smart move to contact an experienced Louisiana eviction attorney before your hearing date. A lawyer can help you gather the right paperwork, make sure you’ve followed proper procedure, and represent you in court if needed. Showing up unprepared—even if you’re in the right—can hurt your chances of success.
Be sure to bring the following documentation to court:
- A copy of the signed lease agreement
- Payment records showing missed or late rent
- Any returned or bounced checks
- Emails, texts, or written communication with the tenant
- A copy of the eviction notice you served
- Proof that the tenant received the notice (e.g., certificate of service or witness statement)
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will be given a short window to move out—usually between 48 hours and seven days, depending on local court orders. If they fail to leave by the deadline, you have the right to contact Louisiana law enforcement to carry out a physical eviction.
Step 6. Collect Past-Due Rent Payments
Winning the eviction case doesn’t automatically mean you’ll get the money you’re owed. If the tenant leaves without paying, you may need to take further action to collect the debt. Fortunately, there are several legal options available to pursue outstanding rent:
- Hire a licensed debt collection agency
- File for wage garnishment through the courts
- Request a garnishment of the tenant’s state or federal tax refund
- Sue the tenant in small claims court for the unpaid balance
Work with an Experienced Eviction Attorney in Louisiana
In Louisiana, tenants may push back by claiming the eviction process wasn’t handled correctly—especially when it comes to notice requirements. That’s why it’s so important to have a qualified Louisiana eviction attorney in your corner. With the right legal guidance, you can avoid missteps and stay focused on regaining control of your property. If you need help finding an attorney who knows the local courts, we can point you in the right direction.
Submit a request online or call us today at (866) 345-6784 to get in touch 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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