Louisiana Eviction Laws: A Guide for Landlords (2023)
Over the past year, the city of New Orleans witnessed 5,743 eviction filings, reaching around 94% of the average number of filings. These statistics highlight the significant impact on eviction rates in New Orleans, reflecting the challenges faced by landlords during the specified period.
In this guide, we'll cover everything you need to know about Louisiana eviction laws. Keep reading to find the most valid legal reasons for eviction and a step-by-step understanding of the eviction process.
Reasons For Eviction According To Louisiana Eviction Laws
Nonpayment of rent
One of the most common reasons for eviction in Louisiana is nonpayment of rent. Tenants are obligated to pay rent on time, as specified in the lease agreement. In Louisiana, rent is late one day after it’s due.
Louisiana law states that landlords do not have to accept late rent payments, and can initiate eviction if they choose to do so. Prior to filing for eviction, landlords are required to give tenants a written notice—either a written 5-Day Notice to Quit or a 20-Day Notice to Quit, depending on the terms of the lease agreement.
Moreover, landlords have the option to waive this notice requirement in the lease agreement. If the notice is waived, the landlord can proceed with an eviction lawsuit immediately, without providing any prior notice to the tenant.
Violation of the rental agreement
Tenants must adhere to the terms and conditions outlined in the rental agreement. Any breach of these terms may constitute grounds for an eviction notice.
Violations could range from:
- subletting the property without consent
- keeping pets in pet-free properties
- engaging in illegal activities on the premises
- causing disturbances to other tenants
- smoking in designated non-smoking areas
If a tenant is found to be in violation of the agreements, the landlord may issue a 5-Day Notice to Quit.
Purposeful property damage
Tenants are responsible for maintaining the rental property in good condition and reporting any damages promptly. Purposeful and substantial property damage is a serious offense that may lead to an eviction notice.
In such cases, landlords can serve a 5-Day Notice to Quit granting the tenant a short period to either repair the damage or move out.
Illegal activities in the rental unit
Engaging in illegal activities within the rental unit, such as drug-related offenses or criminal conduct, is a clear violation of the lease agreement. Landlords have the right to evict tenants involved in such activities to maintain the safety and well-being of other tenants and the property.
The landlord must serve a 5 Notice to Quit to provide the tenant with an opportunity to address the issue or vacate the premises.
Louisiana Eviction Laws: Quick Reference Table
| Problem | Louisiana Eviction Law Says… | Which Eviction Notice Templates To Use |
|---|---|---|
| Tenant hasn’t paid rent. | In Louisiana, rent is late one day after it’s due. Louisiana law states that landlords do not have to accept late rent payments. LA Code Civ Pro art. 4701 (2021) |
Issue either a 5-Day Notice to Quit and a 20-Day Notice to Quit depending on the terms of your lease. If they don’t comply, initiate an eviction lawsuit. |
| Tenant has pets or long-term guests. | Landlords are not required to give tenants an opportunity to fix their mistakes. LA Code Civ Pro art. 4701 (2021) |
Issue a 5-Day Notice to Quit. If they don’t comply, initiate an eviction lawsuit. |
| Tenant has damaged the property. | Landlords are not required to give tenants an opportunity to fix their mistakes. LA Code Civ Pro art. 4701 (2021) |
Issue a 5-Day Notice to Quit. If they don’t comply, initiate an eviction lawsuit. |
| Tenant is conducting illegal activities. | Landlords are not required to give tenants an opportunity to fix their mistakes. LA Code Civ Pro art. 4701 (2021) |
Issue a 5-Day Notice to Quit. If they don’t comply, initiate an eviction lawsuit. |
How To Evict A Tenant In Louisiana: Step By Step Guide
Step 1: Serve the appropriate notice.
The eviction process starts with the landlord serving the tenant a "notice to vacate." In Louisiana, this notice is typically a five-day notice, excluding weekends and holidays, providing the tenant with a five-day window to vacate the rental property.
It's essential to note that Louisiana landlords don't have to offer tenants an opportunity to rectify their payment or lease violations. Additionally, this notice can even be waived if specified in the lease. If waived, the landlord can proceed with an eviction lawsuit immediately without further notice to the tenant.
Step 2: File an eviction lawsuit.
If the tenant complies with the notice and moves out within the stipulated five-day period, the tenancy ends, and no eviction lawsuit is necessary. However, if the tenant fails to move out within the designated time frame, the landlord can initiate an eviction lawsuit, referred to as "filing a rule for possession (La. Code Civ. Proc. art. 4731 (2023).
Step 3: Serve the rule for possession.
After filing the rule for possession, the landlord must ensure it is served to the tenant through a sheriff or law enforcement officer. It is crucial that neither the landlord nor any individual associated with the landlord's side serves the rule for possession to maintain impartiality.
Step 4: Attend the court hearing.
The court schedules a hearing (or trial) on the rule for possession, which takes place no earlier than the third day after the rule for possession is served on the tenant.
If the tenant fails to appear at the hearing, the judge can enter a default judgment in favor of the landlord, granting the landlord the right to regain possession of the rental unit. If the tenant is present, the judge might rule on the hearing at that moment or take a few days before making a final decision.
If the judge rules in favor of the landlord, they issue a writ of possession, which allows the landlord to physically remove the tenant from the rental unit.
Step 5: Removal of the tenant takes place.
If the tenant does not comply and move out within the allotted time, the landlord can involve the sheriff or law enforcement to enforce the eviction and physically remove the tenant.
After the eviction, the landlord may have the right to seek additional damages from the tenant, such as unpaid rent or compensation for property damages. In many cases, the landlord may utilize the tenant's security deposit to cover the outstanding amounts owed, especially if they believe the tenant is unlikely to pay further.
However, if the landlord believes the tenant has the means to pay, they can initiate a separate lawsuit to recover damages beyond what the security deposit covers.
How Long Does An Eviction Stay On Your Record?
While an eviction doesn’t appear on your credit report, late rent and fees can appear on your credit report for up to seven years.
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