Eviction Laws for Landlords in Louisiana – Legal Steps in 2025

Eviction Laws for Landlords in Louisiana: Eviction is never easy, but for landlords in Louisiana, understanding the correct legal procedures is essential to avoid delays, lawsuits, or financial loss. Whether you’re managing a small duplex in Baton Rouge, an apartment complex in New Orleans, or a rural property in the parishes, Louisiana’s eviction laws in 2025 are strict about due process—and any shortcut can backfire.

This blog is a complete walkthrough of the eviction process in Louisiana from a landlord’s perspective. It also includes a real-world example, explains what to avoid, and provides updated tips based on 2025 law.

Evictions in Louisiana: The Legal Framework

Louisiana is a civil law state, which means it operates under a code-based system instead of common law. Landlord-tenant relations are governed by the Louisiana Civil Code and related state statutes. In eviction cases, landlords must initiate a legal process called a Rule for Possession, and only a court can authorize the removal of a tenant.

Self-help evictions are strictly illegal. That means no changing locks, shutting off utilities, or physically removing the tenant’s belongings without a sheriff’s order.

Reasons Landlords Can Evict Tenants in Louisiana (2025)

Under Louisiana law, landlords can evict tenants for several legal reasons. These include:

Nonpayment of rent
Violation of lease terms (unauthorized pets, illegal activity, unapproved subletting)
Damage to property
Lease expiration without renewal
No written lease – terminating a month-to-month tenancy
Refusal to vacate after proper notice

Step-by-Step Eviction Process in Louisiana (2025)

Step 1: Give a Notice to Vacate (Notice to Quit)

Before filing anything in court, landlords must serve a written notice to vacate.

For nonpayment of rent: A 5-day Notice to Vacate is required.
For lease violations or no-cause: A 5-day notice also applies.
For month-to-month tenants: 10-day written notice is recommended for no-cause evictions, though not explicitly required by law.

📝 The 5-day period does not include weekends or legal holidays.

Service methods include:

Personal delivery
Posting the notice on the door
Registered or certified mail (though not required, it’s good for documentation)

Step 2: File for Rule for Possession in Court

If the tenant fails to vacate after receiving the notice, the landlord must file a Rule for Possession with the appropriate Justice of the Peace Court or City Court.

Required documents:

Copy of the lease (written or oral terms)
Copy of the Notice to Vacate
Proof of service
Eviction petition form
Filing fee (varies by parish, typically $50–$150)

The court will assign a hearing date within 3–5 business days.

Step 3: Attend the Eviction Hearing

At the hearing, the landlord presents:

Lease agreement
Notice served
Proof of lease violation or rent nonpayment

The tenant can also defend themselves—often by claiming improper notice, retaliatory eviction, or uninhabitable conditions (e.g., no AC, mold, broken plumbing).

If the judge rules in favor of the landlord, a judgment of eviction (Rule for Possession) is issued.

Step 4: Sheriff’s Warrant for Possession

If the tenant still refuses to leave after the judgment (usually within 24 hours), the landlord can request a Warrant for Possession.

Only a parish sheriff or constable can enforce the order and physically remove the tenant.

The sheriff will usually:

Arrive with a moving crew (optional)
Oversee the tenant’s removal
Allow you to change the locks legally

Special Considerations in Louisiana Evictions (2025)

No Written Lease? You Can Still Evict.

Oral leases are enforceable in Louisiana. The key is to document rent payments and communications clearly. Courts often rely on bank transfers, texts, or receipts to determine the existence of a landlord-tenant relationship.

Lease Termination vs. Eviction

Not renewing a lease or ending a month-to-month arrangement is not considered an eviction—unless the tenant refuses to leave after notice.

Common Mistakes That Delay Louisiana Evictions

Avoid these critical errors many landlords make in 2025:

Incorrect notice period (e.g., giving only 3 days for nonpayment)
Serving the notice improperly (no proof of delivery)
Accepting partial rent after serving notice (this can reset the process)
Failing to show up for court hearing
Retaliatory evictions (such as removing tenants after they file a complaint)

💡 Pro tip: Never accept partial rent once an eviction process has begun unless you want to restart the entire timeline.

Case Study: Eviction in Lafayette, Louisiana (2025)

Landlord Profile:
Terry M., a Lafayette-based landlord, rented a 2-bedroom apartment to a tenant who stopped paying rent in February 2025.

Timeline of Events:

March 6: Terry issues a 5-day Notice to Vacate (nonpayment of 2 months)
March 13: Tenant refuses to leave. Terry files Rule for Possession at the local Justice of the Peace court.
March 19: Hearing held. Tenant claims to have lost their job and requested more time.
March 21: Court grants eviction. Judgment for possession is issued.
March 24: Sheriff serves Warrant for Possession. Tenant removed without resistance.

Result: Terry regained the property within 18 days from filing, avoided illegal self-help tactics, and was able to re-rent the property by April.

Tenants’ Legal Defenses That Can Stall Your Eviction

Louisiana courts allow tenants to present defenses at the eviction hearing, including:

Landlord failed to give proper notice
Conditions of the property are uninhabitable
Eviction is in retaliation for complaints or exercising tenant rights
Landlord accepted rent after serving notice

Courts tend to be neutral, but if you’ve skipped a step or can’t prove notice, the judge may dismiss your case.

Handling Abandoned Property After Eviction

If the tenant leaves belongings behind after a legal eviction:

Louisiana law does not specify a waiting period.
Landlords are advised to store property for at least 10 days and notify the tenant in writing.
If the tenant fails to claim items, you may dispose of or sell them.

Document all actions to avoid legal repercussions.

While most pandemic-era moratoriums have ended, some Louisiana parishes still have emergency rental assistance programs (ERAP) running in 2025.

⚠️ In some cases, accepting rental assistance may delay or cancel eviction proceedings, especially if the aid covers full rent and fees.

Always confirm whether the tenant has applied for ERAP before filing.

Can a Landlord Use a Property Manager or Lawyer in Louisiana?

Yes. If you’re an out-of-state landlord, own multiple properties, or prefer not to handle legal filings personally:

Licensed property managers can represent you
Lawyers are recommended for contested evictions or commercial leases

In Justice of the Peace Courts, landlords often represent themselves, but a lawyer is strongly advised in complex cases or when the tenant is making legal claims.

Recent Updates in Louisiana Eviction Laws (2025)

In 2025, the Louisiana legislature introduced updates:

Electronic Notices: Landlords can now email eviction notices if lease permits digital communication
e-Filing available in select parishes (Orleans, Jefferson, Caddo)
Increased filing fees in high-volume courts
Stricter documentation requirements in subsidized housing units

Stay current by checking with the Louisiana Housing Corporation or your local parish court.

Final Thoughts for Landlords in Louisiana (2025)

Evicting a tenant is not a pleasant task, but if you follow the law step-by-step, you can remove problem tenants efficiently and lawfully. Louisiana’s system supports property owners who act in good faith and follow the required process.

Here’s what matters most:

Always give proper 5-day written notice
Avoid retaliation or harassment
Don’t skip court—prepare your case with evidence
Let the sheriff handle physical removal
Keep documentation of every notice, payment, and communication

By respecting tenant rights and following legal channels, you minimize your liability and protect your property.

20 FAQs on Eviction Laws for Landlords in Louisiana (2025)

1. What are the legal reasons a landlord can evict a tenant in Louisiana?

In Louisiana, landlords can evict tenants for nonpayment of rent, lease violations (unauthorized pets, illegal activity), property damage, refusal to leave after lease expiration, or for no-cause if the lease is month-to-month. Every reason must be followed by a 5-day written notice before filing in court.

2. Is a written lease required to evict a tenant in Louisiana?

No. Oral leases are legally valid in Louisiana. However, landlords must prove the agreement (e.g., through rent receipts, bank transfers, texts). Courts can still grant eviction even without a written lease if tenancy is established.

3. How much notice must a landlord give before filing for eviction?

A 5-day Notice to Vacate is required for most eviction types, excluding weekends and legal holidays. For month-to-month tenancies, a 10-day notice is generally recommended, though not explicitly mandated by statute.

4. What happens after a Notice to Vacate is given?

If the tenant does not move out after the 5-day notice, the landlord can file a Rule for Possession in Justice of the Peace or City Court. A court date is usually set within 3–5 business days.

5. Can a landlord evict a tenant without going to court?

Absolutely not. Self-help evictions are illegal in Louisiana. That means you cannot change the locks, turn off utilities, or remove belongings. Only a court order and sheriff’s assistance can enforce eviction.

6. How is a Notice to Vacate delivered legally?

You can serve it by:

Hand-delivery to the tenant
Posting it clearly on the door
Mailing it via certified or registered mail (recommended for proof)

Keep a dated copy and photo evidence of posting if needed.

7. How long does an eviction take in Louisiana?

If uncontested, the eviction process can take 10–21 days from notice to sheriff enforcement. Delays occur if:

Tenant contests the case
Improper service of notice
Court backlogs (common in urban parishes)

8. What if the tenant pays rent after receiving the notice?

If you accept any rent payment after giving the Notice to Vacate, you may invalidate the notice and need to start over. Accepting payment implies agreement to continue the lease.

9. Do I need a lawyer to evict a tenant in Louisiana?

Not necessarily. Many landlords represent themselves in Justice of the Peace Courts. However, if the case involves legal complexity or the tenant hires a lawyer, it’s wise to get professional representation.

10. What court handles eviction in Louisiana?

File your eviction in the Justice of the Peace Court, City Court, or District Court, depending on:

Property’s location
Type of lease
Amount of rent

Most landlords use Justice of the Peace Courts for speed and low filing fees.

11. What defenses can a tenant raise during an eviction?

Common tenant defenses include:

Improper or no notice given
Landlord accepted partial rent
Uninhabitable living conditions
Retaliation (e.g., eviction after complaint)

If the tenant proves any of these, the eviction may be delayed or denied.

12. How can landlords avoid retaliatory eviction claims?

You cannot evict a tenant just because they:

Reported you to the health department
Withheld rent due to poor conditions
Joined a tenant union

Ensure you have valid reasons unrelated to retaliation and document everything.

13. Can I evict a tenant for illegal activity on the premises?

Yes. Illegal activity is a serious lease violation and grounds for immediate eviction. However, you still must follow the 5-day notice and court process. Report criminal activity to the police as well.

14. What happens after the court rules in my favor?

If you win the eviction case, the judge will issue a Judgment for Possession. If the tenant doesn’t leave voluntarily, you must request a Warrant for Possession and have the sheriff enforce it.

15. Can I remove the tenant’s belongings after eviction?

Louisiana law does not specify a mandatory waiting period, but best practice is to store abandoned property for 10 days, notify the tenant, and document everything. After that, you may dispose of or sell the items.

16. What if a tenant leaves without notice or abandons the property?

If rent is unpaid and the unit is clearly abandoned (utilities off, personal items gone), you may file for possession. Still, it’s best to issue a 5-day notice, document the condition, and avoid claims of unlawful eviction.

17. Are eviction rules different for Section 8 or subsidized housing?

Yes. Tenants in HUD or subsidized housing programs have additional federal protections. Landlords must:

Provide detailed written reasons
Follow grievance procedures
Notify housing authority

Always consult HUD guidelines or an attorney before evicting in these cases.

18. Can landlords increase rent to force tenants to leave?

Raising rent to force a tenant out may be seen as constructive eviction or retaliation. Any rent increase must follow the lease and proper written 30-day notice for month-to-month tenants.

19. What’s the difference between termination and eviction?

Termination: The lease ends naturally (e.g., not renewing after 12 months).
Eviction: Forced removal due to a legal violation (e.g., nonpayment).

If the tenant stays beyond the lease period without your consent, then an eviction is required.

20. What eviction updates are new in Louisiana for 2025?

Recent changes include:

Digital notice allowed (if lease permits)
E-filing options in large parishes
Stricter documentation for subsidized housing
Increased filing fees in high-volume courts

Stay informed by checking with your local parish court or the Louisiana Housing Corporation.

Bycsannusharma

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