Louisiana’s eviction rules come from its Code of Civil Procedure, articles 4701 to 4736, and they move faster than in most states. The landlord gives a short written notice, then asks a court for a rule to show cause . The trial can come as soon as the third day after service, and the tenant has 24 hours after a judgment to leave or appeal [1][3][4][6].
At a glance
- Notice to vacate
- At least 5 days, unless waived in the lease [1]
- Trial
- No earlier than the 3rd day after service [3]
- Time to leave after judgment
- 24 hours [4]
- Suspensive appeal
- Within 24 hours, with an answer under oath and a bond [6]
- Who removes the tenant
- Sheriff, constable or marshal [4][5]
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Landlord delivers a written notice to vacate At least 5 days
When the tenant's right to occupy has ended, for nonpayment, the end of the lease or another reason, the landlord must deliver written notice giving at least 5 days to leave. Many leases contain a written waiver of this notice; if yours does, the landlord can go straight to court.
La. C.C.P. art. 4701
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Landlord files a rule to show cause After the notice period
If the tenant doesn't leave, the landlord asks a court to summon the tenant to show why possession shouldn't be returned. The rule must state the grounds for eviction. Justice of the peace courts can hear residential evictions no matter how much the rent is.
La. C.C.P. arts. 4731, 4912
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Trial of the rule No earlier than the 3rd day after service
The court hears the case and any defense the tenant raises. If the landlord wins, or the tenant doesn't answer or appear, the court signs a judgment of eviction right away. The judgment stays effective for at least 90 days.
La. C.C.P. art. 4732
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Appeal window 24 hours
An appeal stops the eviction only if the tenant answered the rule under oath with a defense that entitles them to stay, and applies for the appeal and files the bond within 24 hours of the judgment. The court sets the bond amount.
La. C.C.P. art. 4735
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Warrant for possession If the tenant hasn't left within 24 hours
If the tenant hasn't complied with the judgment within 24 hours, the court issues a warrant ordering the sheriff, constable or marshal to deliver possession to the landlord.
La. C.C.P. art. 4733
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Warrant is carried out After the warrant issues
The sheriff, constable or marshal executes the warrant in front of two witnesses, clears the property out of the home, and can break open locked doors or gates if needed.
La. C.C.P. art. 4734
The notice to vacate
When a tenant’s right to stay has ended, whether because the lease ran out, the rent wasn’t paid or for another reason, the landlord must deliver a written notice to vacate. It has to give at least 5 days from delivery to leave [1].
Two details matter:
- Fixed-term leases: the landlord can give the notice up to 30 days before the lease ends [1].
- Waivers: a tenant can waive the notice in a written lease. Many leases do. If yours does, the landlord can file in court right away once your right to stay ends [1].
If the home seems abandoned or the tenant can’t be found, notices and court papers can be attached to a door [9].
Ending a lease with no fixed term
For a lease with no fixed end date, such as month to month, the Civil Code sets how much notice either side must give to end it [8]:
| Lease period | Notice needed |
|---|---|
| Longer than a month | 30 calendar days before the end of the period |
| Month to month | 10 calendar days before the end of the month |
| A week up to a month | 5 calendar days before the end of the period |
| Shorter than a week | Any time before the period ends |
For a lease with no definite term, the notice that ends the lease also counts as the notice to vacate [1].
The court case
If the tenant doesn’t leave, the landlord asks a court to summon the tenant to show cause why the home shouldn’t be returned. The rule has to state the grounds for eviction [2]. Justice of the peace courts can hear residential evictions no matter how much the rent is [7].
The court sets the trial no earlier than the third day after the tenant is served, and hears any defense the tenant raises [3]. If the landlord proves the case, or the tenant doesn’t answer or show up, the court signs a judgment of eviction immediately. The judgment stays in effect for at least 90 days [3].
| Step | Rule | Article |
|---|---|---|
| Notice to vacate | At least 5 days, unless waived in a written lease | 4701 |
| Trial of the rule | No earlier than day 3 after service | 4732 |
| Judgment stays effective | At least 90 days | 4732 |
| Warrant for possession | If not out within 24 hours | 4733 |
| Suspensive appeal and bond | Within 24 hours of judgment | 4735 |
Appeal: the 24-hour rule
An appeal doesn’t stop an eviction on its own. It suspends the judgment only if all of these are true [6]:
- the tenant answered the rule under oath, raising a defense that would let them keep the home,
- the tenant applied for the appeal within 24 hours of the judgment, and
- the tenant filed the appeal bond within those same 24 hours. The court sets the bond high enough to protect the landlord from losses caused by the appeal.
The warrant for possession
If the tenant hasn’t left within 24 hours after the judgment, the court issues a warrant for possession right away [4]. The sheriff, constable or marshal carries it out in front of two witnesses, removes the property inside, and can break open locked doors, windows or gates if needed [5].
Abandonment and disasters
After giving the required notice, a landlord can retake a home without more court process if the landlord reasonably believes the tenant has abandoned it. Signs include stopping living there, returning the keys and moving belongings out [2].
In parishes under a federal disaster declaration, leaving the home isn’t treated as abandonment for 30 days after the first declaration. A landlord who violates this article owes a residential tenant $500 or twice the monthly rent, whichever is more, and the tenant can get a restraining order [2].
Where to get help
- The court clerk (justice of the peace, city, parish or district court): filing papers and costs.
- Legal aid: Louisiana’s legal aid programs can help eligible tenants with eviction cases.
- A landlord-tenant attorney: worth calling as soon as you get a notice to vacate, given how fast the process moves.
Sources
- La. Code of Civil Procedure art. 4701: Notice to vacate; waiver
- La. Code of Civil Procedure art. 4731: Rule to show cause; abandonment; disasters
- La. Code of Civil Procedure art. 4732: Trial of rule; judgment of eviction
- La. Code of Civil Procedure art. 4733: Warrant for possession
- La. Code of Civil Procedure art. 4734: Execution of warrant
- La. Code of Civil Procedure art. 4735: Appeal; bond
- La. Code of Civil Procedure art. 4912: Justice of the peace courts; evictions
- La. Civil Code art. 2728: Notice of termination; timing
- La. Code of Civil Procedure art. 4703: Notice when premises are abandoned or tenant can't be found
- La. Civil Code art. 2694: Lessee's right to make repairs
Common questions
How much notice does a Louisiana landlord have to give before filing an eviction?
At least 5 days' written notice to vacate, under Code of Civil Procedure article 4701. But a tenant can waive that notice in a written lease, and if the lease has that waiver, the landlord can file in court as soon as the tenant's right to stay ends.
How fast is an eviction in Louisiana?
Fast. The trial can be held as early as the third day after the tenant is served. If the landlord wins and the tenant hasn't left within 24 hours of the judgment, the court issues a warrant for the sheriff, constable or marshal to remove them.
Can a tenant appeal an eviction in Louisiana?
An appeal stops the eviction only if the tenant answered the eviction under oath with a defense that entitles them to stay, and applied for the appeal and filed the bond within 24 hours of the judgment.