Louisiana Eviction Process
A complete guide to the eviction process in Louisiana, detailing the 5-day Notice to Vacate, the Waiver of Notice clause, and the Rule for Eviction.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Louisiana Eviction Process
Louisiana boasts one of the fastest and most heavily landlord-favored eviction processes in the United States. Following its admission to the Union on April 30, 1812, Louisiana has maintained a unique civil law framework. Currently governed by the Louisiana Code of Civil Procedure (Title XI, effective January 1, 1961), the eviction process allows landlords to reclaim their property rapidly following a tenant's default.
Self-help evictions are illegal. A landlord cannot change locks, remove doors, cut off electricity, or physically remove a tenant's belongings without a court order and the presence of law enforcement.
Official Law Citation: The rules and regulations outlined on this page are explicitly detailed under La. Code Civ. Pro. Art. 4701.
1. The Notice to Vacate (or the Waiver)
The first step in a Louisiana eviction is the Notice to Vacate. However, the lease agreement itself heavily influences this step.
The 5-Day Notice to Vacate (Standard)
If a tenant fails to pay rent, violates a lease clause, or reaches the end of the lease term and refuses to leave, the landlord must typically serve a 5-Day Notice to Vacate (La. C.C.P. Art. 4701).
- This notice gives the tenant 5 days to leave the property.
- The 5 days do not include weekends or state statutory holidays.
- This is NOT a "Notice to Cure" or "Pay or Quit." Unlike in many states, if a Louisiana tenant is late on rent and receives this notice, the landlord is not legally required to accept the late rent; they can demand the tenant leave.
The Waiver of Notice (Critical Exception)
Louisiana law uniquely allows landlords to bypass the 5-Day Notice to Vacate entirely if the tenant agreed to it in writing. If the written lease agreement contains a clear "Waiver of Notice to Vacate" clause, the landlord does not have to give any warning. The moment the rent is late or a violation occurs, the landlord can immediately proceed to step two and file an eviction lawsuit.
2. Filing the Rule for Eviction
If the 5 days pass (or if the lease contains a waiver of notice), and the tenant is still on the premises, the landlord files a Rule for Eviction with the local Justice of the Peace, City Court, or District Court.
- The landlord must submit the lease, a copy of the Notice to Vacate (if applicable), and an affidavit stating the reasons for the eviction.
3. Serving the Tenant and the Hearing
The court will issue an Order to Show Cause (the eviction summons). A constable or sheriff's deputy will serve this order on the tenant.
- The court date is set very quickly in Louisiana, typically between two (2) and ten (10) days after the tenant is served (La. C.C.P. Art. 4731).
- At the hearing, both parties present their case. Because the 5-Day Notice is not a "cure" notice, tenants have very few defenses in Louisiana if they failed to pay rent on time.
4. The Judgment of Eviction (Warrant for Possession)
If the judge rules in favor of the landlord, they will issue a Judgment of Eviction requiring the tenant to vacate the premises within 24 hours.
If the tenant is still on the property after 24 hours, the landlord must return to the court clerk to obtain a Warrant for Possession. The landlord then schedules the physical eviction with the constable or sheriff, who will arrive at the property, remove the tenant, and allow the landlord to change the locks and remove the tenant's property to the curb.
Evicting a Month-to-Month Tenant
To terminate a month-to-month tenancy in Louisiana without cause, the landlord must give the tenant a 10-Day Written Notice before the end of the current rental month (La. C.C. Art. 2728). If the tenant does not leave by the end of the month, the landlord proceeds with the standard Rule for Eviction.
How Landager Helps
Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Louisiana regulations.
Frequently Asked Questions
▶What is the Louisiana eviction process and how long does it take?
The Louisiana eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Louisiana. The full court process varies but typically takes several weeks.
▶What are the Louisiana landlord-tenant laws every property owner should know?
Unlike the other 49 U.S. states, which heavily rely on English common law, Louisiana operates under a unique civil law system heavily influenced by French and Spanish legal traditions. Therefore, Louisiana's landlord-tenant laws are primarily codified in the Louisiana Civil Code. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What are the Louisiana security deposit rules and return deadlines?
Louisiana has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Louisiana rent increase laws and caps for landlords?
Louisiana has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Louisiana has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Louisiana?
Louisiana has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Louisiana state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Louisiana landlords provide to tenants?
Louisiana landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Louisiana lease requirements for rental properties?
Louisiana recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Louisiana law.
Read the complete guide▶What are Louisiana landlord maintenance obligations and habitability standards?
Louisiana landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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