✓ Law Verified June 2026
Facing eviction in Louisiana? This guide explains the louisiana eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from Louisiana law, verified as of June 2026.
In This Louisiana Guide:
Louisiana Eviction Notice Periods
Before a landlord can file an eviction lawsuit in Louisiana, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 5 days written notice to vacate (per LA Code of Civil Procedure Art. 4701). Louisiana counts only business days — weekends and legal holidays are excluded from the 5-day count. The notice is unconditional — the landlord is not required to give the tenant the option to pay and stay. Important: this notice period can be waived entirely if the lease contains a written waiver clause, in which case the landlord may file for eviction immediately with no notice at all. |
| Lease violation | 5 days written notice to vacate (per LA CCP Art. 4701). Louisiana does not distinguish between nonpayment and lease violations — the same 5-day notice to vacate applies to all grounds for eviction, including lease violations. The notice is unconditional, meaning the landlord is not legally required to offer the tenant a chance to cure the violation before proceeding. However, some leases may include cure provisions that override this default. |
| No-cause / end of tenancy | 10 calendar days before the end of the current rental period for month-to-month tenancies (per LA Civil Code Art. 2728). For example, if rent is due on the 1st, notice must be given by the 21st of the prior month to terminate at month’s end. For fixed-term leases, the landlord generally cannot terminate without cause before the lease expires. |
| Holdover tenant | 5 days written notice to vacate (per LA CCP Art. 4701). A holdover tenant — one who remains after the lease expires — is treated the same as any other tenant whose right of occupancy has ended. The landlord must deliver a 5-day written notice before filing for eviction, unless the lease contains a written waiver of notice. |
| Tenant must respond within | Louisiana does not require the tenant to file a formal written answer before the hearing. The tenant’s response is made orally at the hearing itself. However, if a tenant wishes to appeal after an eviction judgment is issued, they must file a sworn answer raising an affirmative defense AND post an appeal bond within 24 hours of the judgment. If the tenant fails to appear at the hearing, the court will likely issue a default judgment in favor of the landlord. |
| Realistic total timeline | 15 to 30 days from the initial notice to physical removal in most uncontested cases. Breakdown: 5 days for notice to vacate + 1 to 3 days for filing and service + 3 to 5 days until hearing + 1 day judgment to writ + 1 to 3 days for sheriff execution. Contested cases, appeals, or continuances may extend the process to 45 days or more. If the tenant files a suspensive appeal with bond within 24 hours, the eviction is stayed during the appeal process. |
How the Eviction Lawsuit Is Filed in Louisiana
After the notice period expires, the landlord files a Rule for Possession (also called a Rule to Show Cause) with the local Justice of the Peace court or City Court, depending on the parish. The landlord must state the grounds for eviction in the filing. Filing fees vary by parish and court but typically range from 75 to 150 for filing, plus service fees.
In Justice of the Peace courts, the filing fee is commonly around 120 per defendant plus 60 for execution. The Rule for Possession must be served on the tenant by a sheriff, constable, or other authorized officer.
Hearing timeline: The court must schedule the hearing no earlier than 3 days after service of the Rule for Possession on the tenant (per LA CCP Art. 4731). In practice, most courts schedule the hearing within 3 to 5 business days after service. The tenant does not need to file a formal written answer — they simply appear at the hearing to present their case.
Writ of possession / lockout: If the landlord wins, the court issues a judgment of eviction. If the tenant does not vacate within 24 hours of the judgment, the court issues a Writ of Possession directing the parish sheriff or constable to physically remove the tenant and return possession to the landlord.
The sheriff typically executes the writ within 1 to 3 days after it is issued, depending on the parish and scheduling.
Tenant Defenses Against Eviction in Louisiana
Depending on your situation, you may be able to raise defenses such as:
- Louisiana tenants may raise several defenses at the eviction hearing: (1) Improper notice — the landlord failed to deliver a proper 5-day written notice
- served it incorrectly
- or miscounted the days
- (2) Retaliatory eviction — while Louisiana has no specific anti-retaliation statute
- courts recognize retaliation as an abuse of rights if the eviction was filed in response to the tenant reporting code violations
- requesting repairs
- or exercising legal rights
- (3) Habitability issues — Louisiana Civil Code Art. 2696 requires landlords to maintain the property in a condition fit for its intended use
- and a tenant may argue the landlord failed to make necessary repairs
- (4) Discrimination — federal Fair Housing Act and Louisiana state law prohibit eviction based on race
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
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What Your Landlord CANNOT Do
In Louisiana, a landlord cannot evict you without a court order. Louisiana law prohibits landlords from using self-help eviction methods. A landlord CANNOT: (1) Change the locks or otherwise lock the tenant out of the property without a court order; (2) Shut off utilities (water, electricity, gas) to force the tenant to leave; (3) Remove the tenant’s personal property or belongings from the unit without a court-ordered Writ of Possession; (4) Physically remove or threaten the tenant; (5) Remove doors or windows to make the unit uninhabitable; (6) Harass or intimidate the tenant into leaving.
Only a sheriff or constable with a valid Writ of Possession may physically remove a tenant. A tenant who is illegally evicted may have grounds to sue the landlord for damages, including moving costs, temporary housing, and potentially attorney fees.
Free legal help: Louisiana tenants facing eviction may get free legal help from: (1) Southeast Louisiana Legal Services (SLLS) — covers 22 parishes in southeast Louisiana including New Orleans, Baton Rouge, and surrounding areas, call (504) 529-1000 ext. 223 or visit slls.org; (2) Acadiana Legal Services — covers southwest, central, and northern Louisiana, call (800) 256-1175; (3) Louisiana Fair Housing Action Center — handles housing discrimination cases, visit lafairhousing.org; (4) LouisianaLawHelp.org — statewide legal information and referral portal for low-income tenants; (5) Louisiana State Bar Association’s Pro Bono Project.
Most free legal aid requires income eligibility at or below 125 percent of the Federal Poverty Guidelines.
Other Louisiana eviction rules: (1) Notice waiver clause — Louisiana is unusual in that CCP Art. 4701 allows a lease to contain a written waiver of the 5-day notice requirement, meaning the landlord can file for eviction immediately with zero notice if the lease includes this clause, which many standard Louisiana leases do; (2) Extremely fast appeal window — a tenant who wants to appeal an eviction judgment and stay in the unit must file a sworn answer with an affirmative defense AND post an appeal bond within just 24 hours of the judgment, one of the shortest appeal windows in the country; (3) No required cure period — unlike many states, Louisiana does not require landlords to give tenants an opportunity to fix a lease violation before filing for eviction; (4) Justice of the Peace courts — in rural parishes, evictions are often handled by Justice of the Peace courts where the presiding officer may not be a licensed attorney, and these officials are paid per eviction case, which tenant advocates have raised concerns about; (5) No rent escrow — Louisiana does not have a rent escrow statute allowing tenants to deposit rent with the court while habitability issues are resolved; (6) Reconventional demand restrictions — under CCP Art.
4733, a tenant generally cannot file a counterclaim (reconventional demand) in an eviction proceeding for matters unrelated to possession of the premises
You May Also Like
Official Louisiana Sources & Resources
- Louisiana Courts / Judiciary: https://www.brla.gov/DocumentCenter/View/3894/Eviction-Procedure-Guidelines-PDF
- Louisiana Eviction Statute: https://legis.la.gov/legis/Law.aspx?d=112073
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the Louisiana Eviction Process
The Louisiana eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the Louisiana eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the Louisiana eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire Louisiana eviction process.
This Louisiana eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.