Eviction Law in New Orleans, LA

Navigating an eviction in New Orleans involves more than just a written notice. Louisiana law outlines a detailed and structured process that landlords must follow, especially in a tenant-friendly city like New Orleans. If you are trying to reclaim your rental property, every step—from serving notice to filing in court—must be precise.

This guide walks you through the eviction process specific to New Orleans. You will learn what your responsibilities are as a landlord, how to serve valid notices, and when to escalate your case to court. If you need legal help along the way, we can also connect you with a qualified attorney in Orleans Parish.

What Is an Eviction?

An eviction is the legal removal of a tenant from a rental property. Most evictions stem from nonpayment of rent or violation of the lease terms. However, the process is rarely quick or simple. In Louisiana, landlords must follow the legal protocol to the letter—or risk dismissal of the case.

In many situations, the eviction notice functions as a warning. If the tenant resolves the issue—such as paying owed rent or correcting a lease violation—the matter might not go further. That is why a properly delivered notice is not just a legal step; it is a strategic one. Serving it correctly can either resolve the conflict or build the foundation for your court case.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a tenant fails to pay rent on time, eviction becomes a possibility. Louisiana does not require a mandatory grace period, though a landlord may include one in the lease. In New Orleans, the standard legal requirement is a five-day notice before pursuing eviction. Importantly, this timeline excludes weekends and legal holidays—only business days count.

Even if a small delay seems tolerable, persistent lateness can erode the landlord-tenant relationship. Always provide written “late rent” notices and retain copies. This documentation strengthens your position should the matter advance to court.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements define the rules of tenancy. When tenants violate those rules—such as subletting without permission, exceeding occupancy limits, or disturbing neighbors—you may begin the eviction process.

However, the lease also holds landlords accountable. If you fail to uphold your responsibilities, such as timely maintenance or honoring tenant privacy, your own violations can become a defense used against you in court.

The Tenant Damages the Property

Routine wear and tear is expected in rental units. However, serious or intentional damage—such as broken walls, plumbing issues caused by neglect, or destruction of appliances—may justify eviction. Even if tenants offer to fix the damage, you may still proceed if the original act was substantial or repeated.

Documentation is critical. Take dated photographs, obtain repair estimates, and gather witness statements where possible.

The Tenant Uses the Property for Illegal Purposes

If you suspect that your rental is being used for unlawful purposes—such as the sale of narcotics or unauthorized weapons—you may initiate eviction. These actions not only breach the lease but can also expose you to liability.

That said, courts require evidence. Police reports, surveillance footage, or witness statements can help support your claims. Never rely on suspicion alone.

How to Evict a Tenant in New Orleans, 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

New Orleans falls under Louisiana state law, but the city has local nuances that affect how evictions unfold. For example, under NOLA Ready guidance, tenants may be entitled to special protections after natural disasters. If a unit is rendered uninhabitable by a hurricane or flood (an “Act of God”), the tenant may cancel the lease, but they are not automatically entitled to reduced rent.

Additionally, landlords cannot evict tenants due to property damage without court approval. Tenants must notify landlords if they evacuate due to a disaster. Failure to do so could result in the landlord claiming the unit was abandoned. If landlords refuse to repair storm damage, tenants may be able to fix it themselves and deduct the cost from future rent, if done by legal requirements.

Step 2. Give a Formal Notice of Eviction

In New Orleans, the process begins with a Five-Day Notice to Vacate, which must be filed through the First City Court Constable. Landlords can file between 8:30 a.m. and 4:00 p.m. The reason for the eviction—whether nonpayment, property misuse, or another breach—must be clearly stated on the form.

The Constable will serve the notice in person or attach it securely to the tenant’s door. This service must occur before proceeding to court. The five-day window allows the tenant time to resolve the issue or vacate. Make sure to track how and when the notice was served, as it will be essential at your hearing.

Step 3. File the Eviction with the Court

If the tenant does not comply within five business days, you may file an eviction suit in one of the two New Orleans City Courts—First City Court or Second City Court—both of which operate under the Orleans Parish Civil District Court. The appropriate court depends on the property’s location.

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

Eviction hearings can move quickly, but preparation is critical. A qualified attorney can help you gather documentation and represent your interests in court. Essential documents include:

• The signed lease agreement
• Payment records and late notices
• Any bounced checks
• Communications between you and the tenant
• A copy of the Five-Day Notice
• Proof of how the notice was served

Step 5. Evict the Tenant

If the court rules in your favor, it will issue a Judgment of Possession and a Writ of Possession. This writ authorizes the Orleans Parish Sheriff’s Office to carry out the physical eviction.

Tenants are generally given a short period—typically 48 hours to one week—to vacate the property voluntarily. If they fail to do so, the Sheriff will complete the removal. Landlords may not perform lockouts or property seizures on their own.

Step 6. Collect Past-Due Rent Payments

Winning the eviction does not automatically guarantee recovery of unpaid rent. You may still need to take action to collect it. Common options include:

• Hiring a collections agency
• Garnishing the tenant’s wages
• Garnishing state or federal tax refunds
• Filing a small claims case

Each route has legal requirements, and a local attorney can help identify which is most effective based on your tenant’s financial status.

Work with an Experienced Eviction Attorney in New Orleans, Louisiana

Handling an eviction in Orleans Parish can be a legal minefield. From hurricane protections to local filing procedures, New Orleans has its own unique rules. A skilled eviction lawyer can help ensure you meet every requirement and avoid unnecessary delays.

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.