How to Evict a Tenant in Louisiana (2026)
The legal steps for landlords in Louisiana — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Louisiana a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | Written notice to vacate giving at least 5 days from delivery. Saturdays, Sundays and legal holidays are not counted in a period this short, so in practice the tenant gets 5 business days. The lease may waive the notice, and many standard leases do. |
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| Lease violation | Same 5-day written notice to vacate (waivable in the lease) once the lease is dissolved for the breach. No statutory cure period. |
| Ending a month-to-month tenancy (no fault) | Either party: written notice at least 10 calendar days before the end of the month. Other periods: 30 calendar days for terms longer than a month (e.g. year-to-year), 5 calendar days for week-to-month terms, any time before the period ends for terms under a week. Source: La. C.C. art. 2728 |
Local rent-control or just-cause rules can limit evictions: No statute — Louisiana has no state rent control law, and no city or parish is known to have adopted rent control; rent is set by the lease. No statute expressly addresses local rent control, but R.S. 9:3258 says lessors' rights may not be altered, abridged or diminished except by state law (subject to the police power). A 2026 bill to let municipalities adopt rent stabilization (HB 472) died in committee.
Step 2: Write and deliver the notice correctly
| What the notice must say | There is no pay-or-quit cure notice. Once the lease ends or the lessee's right of occupancy ceases for nonpayment or any other reason, the landlord must have a written notice to vacate delivered to the tenant allowing not less than 5 days from delivery to vacate. The tenant may waive this notice in a written lease clause, letting the landlord file immediately. If the premises are abandoned or closed or the tenant's whereabouts are unknown, the notice may be attached to a door of the premises. The eviction rule to show cause must state the grounds. |
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| How it must be delivered | Notices of termination for residential leases must be in writing. The notice to vacate must be 'delivered' to the tenant, giving at least 5 days to leave; the statute does not list methods or address email/text. If the premises are abandoned or closed, or the tenant's whereabouts are unknown, notices and court papers may be attached to a door of the premises. For the oral-lease attorney-fee demand, delivery may be by certified mail to the last known address, personal delivery, or tacking on the door. |
Notice forms:
- Louisiana notice to pay rent or quit — requirements and free draft
- Louisiana notice to end a month-to-month tenancy — requirements and free draft
- Certification of Domestic Abuse (statutory form in R.S. 9:3261.1) (official)
- Certification of Sexual Assault (statutory form in R.S. 9:3261.2(D)) (official)
Step 3: File the eviction case and go to the hearing
Eviction cases in Louisiana are heard in: Justice of the peace court, city court or parish court where the property is located; district courts also have jurisdiction.
- Lease ends (expiration, termination notice, nonpayment, or other breach)
- Landlord delivers a written notice to vacate giving at least 5 days from delivery (C.C.P. art. 4701), unless the lease waives the notice. If the premises are abandoned or the tenant cannot be found, the notice may be posted on the door (art. 4703).
- If the tenant stays, the landlord files a rule to show cause why possession should not be delivered, stating the grounds (art. 4731)
- Hearing set no earlier than the 3rd day after service of the rule (art. 4732(A))
- Judgment of eviction issued immediately if the landlord prevails or the tenant fails to appear; effective for at least 90 days (art. 4732(B))
- If the tenant has not vacated within 24 hours after judgment, the court issues a warrant for possession (art. 4733)
- Sheriff, constable or marshal executes the warrant with two witnesses and may force entry if necessary (art. 4734)
Court timing: Hearing no earlier than the third day after service. To suspend the eviction on appeal, the tenant must, within 24 hours after the judgment, have answered under oath, pleaded an affirmative defense entitling them to stay, applied for the appeal, and posted bond (art. 4735).
Source: La. C.C.P. arts. 4701-4735
How long it takes to evict a tenant in Louisiana
For unpaid rent, the notice period is 5 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Louisiana
Court filing and service fees are set locally. Verified fees in the largest Louisiana counties:
| County | Filing and service fees |
|---|---|
| Orleans Parish (New Orleans) | Rule for Possession (eviction): $135.50 in First City Court (East Bank) or $136.50 in Second City Court (Algiers), effective July 1, 2026; no fee for HANO (Housing Authority) rules. Answer to Rule for Possession $67; motion for new trial (eviction) $25. Constable service is paid separately. |
| East Baton Rouge Parish (Baton Rouge) | Baton Rouge City Court: $164 eviction filing (1 defendant) + $10 per additional defendant (property must be in parish limits), effective January 1, 2026; service fees extra. Justice of the peace courts: up to $30 per eviction proceeding + $5 per additional defendant (La. R.S. 13:2590.1(B)). |
| Jefferson Parish (Metairie) | Justice of the peace courts: up to $30 per eviction proceeding + $5 per additional defendant. Parish courts / 24th JDC: Writ of Possession $225; parish-court Motion & Order for Trial - Judicial Eviction $375 plus court-set bond. |
| Caddo Parish (Shreveport) | Shreveport City Court: eviction filing fee not stated on the court's pages; warrant of possession $30. Justice of the peace courts: eviction proceeding up to $120 + $20 per additional defendant (La. R.S. 13:2590), https://www.legis.la.gov/legis/Law.aspx?d=77379. |
| Lafayette Parish (Lafayette) | City Court fee not verified. Justice of the peace courts: eviction proceeding up to $120 + $20 per additional defendant (La. R.S. 13:2590), https://www.legis.la.gov/legis/Law.aspx?d=77379. |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party: written notice at least 10 calendar days before the end of the month. Other periods: 30 calendar days for terms longer than a month (e.g. year-to-year), 5 calendar days for week-to-month terms, any time before the period ends for terms under a week. Source: La. C.C. art. 2728 |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | No affidavit-based police removal statute was found. Criminal route: under the criminal trespass statute, a 'squatter' (anyone remaining on property without a right of possession, ownership, occupancy, or lease interest) commits trespass by remaining after a lawful possessor directs them to leave verbally, by written notice, or by posting conspicuous signage that the property is privately owned and trespass is prohibited. Penalties: first offense $100-$500 fine and/or up to 30 days; escalating for repeat offenses. Civil route: the owner delivers a written 5-day notice to vacate to the occupant and then files a summary eviction (rule to show cause); an occupant who stays more than 5 days after a proper notice to vacate also 'remains' unlawfully for trespass purposes. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction is not authorized. A landlord must use the court process (notice to vacate, rule to show cause, judgment, and a warrant executed by the sheriff, constable or marshal). The only exception is a reasonable belief that the tenant abandoned the premises. A landlord who locks out the tenant or removes belongings may be liable for wrongful-eviction damages. |
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| Retaliation | No statewide statute identified. In New Orleans, the city's Healthy Homes ordinance protects tenants who use its complaint process ('protected activity'). |
| Accepting rent after the notice | No statute addresses whether accepting rent after a notice to vacate waives the eviction; Louisiana courts decide this under case law. By statute, the tenant may waive the 5-day notice to vacate in advance through a written lease clause, letting the landlord file immediately once the right of occupancy ends. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Louisiana eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Louisiana?
Written notice to vacate giving at least 5 days from delivery. Saturdays, Sundays and legal holidays are not counted in a period this short, so in practice the tenant gets 5 business days. The lease may waive the notice, and many standard leases do.
How much does it cost to evict a tenant in Louisiana?
Court fees are set locally — for example, Orleans Parish (New Orleans): Rule for Possession (eviction): $135.50 in First City Court (East Bank) or $136.50 in Second City Court (Algiers), effective July 1, 2026; no fee for HANO (Housing Authority) rules. Answer to Rule for Possession $67; motion for new trial (eviction) $25. Constable service is paid separately.
Can a landlord change the locks to evict a tenant in Louisiana?
Self-help eviction is not authorized. A landlord must use the court process (notice to vacate, rule to show cause, judgment, and a warrant executed by the sheriff, constable or marshal). The only exception is a reasonable belief that the tenant abandoned the premises. A landlord who locks out the tenant or removes belongings may be liable for wrongful-eviction damages.
How do you evict a tenant without a lease in Louisiana?
Either party: written notice at least 10 calendar days before the end of the month. Other periods: 30 calendar days for terms longer than a month (e.g. year-to-year), 5 calendar days for week-to-month terms, any time before the period ends for terms under a week.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.