If you are being evicted in the state of Louisiana, you may not know how to proceed. Learning about the eviction process in Louisiana can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Louisiana and how long each step will take.
The first step in the eviction process in Louisiana is for your landlord to serve you with an eviction notice. This will either be delivered to you personally by your landlord, sent by certified mail, or posted on your door if the landlord cannot locate you. The eviction process in Louisiana requires your landlord to give you a notice to quit that contains the reason you are being evicted and five days to vacate your property.
Your landlord may also specify in the notice to quit any way that you may be able to continue your tenancy (for instance, by paying late rent). The eviction process in Louisiana does not require your landlord to accept a late rent payment, and you may be evicted even if you try to pay during the five-day notice window. The five days in the notice period refer to business days, and do not include Saturdays, Sundays, or holidays.
Court Filings and Hearings
If you have not vacated your property in five business days, your landlord will be able to file eviction papers to continue the eviction process in Louisiana courts. The eviction lawsuit, called a “rule for possession,” will begin at this time. You will receive a copy of your landlord's complaint as well as the date of the hearing. Typically, this will be served to you by a sheriff or constable.
Your hearing will be scheduled for at least three days from when you are served. While you are not required to attend the court proceedings, your landlord will win the hearing by default if you are not present.
If your landlord has breached parts of your lease, or has not served you proper notice, you may be able to win the eviction lawsuit. If you win, you will not be evicted and your landlord may even owe you damages. Check with a lawyer who is familiar with the eviction process in Louisiana to understand your options.
Warrant For Possession
If you fail to appear at the hearing, or if you lose, you will have 24 hours to vacate the premises. If this time period passes and you still have not left the property, your landlord can ask the court for a warrant for possession.
The warrant for possession gives the sheriff or constable permission to remove you forcibly by any means necessary. Because being escorted off the premises by a sheriff can be embarrassing and require you to leave your possessions behind, you may prefer to leave prior to the 24 hour period ending. If you leave possessions behind, they may be sold to recoup the costs of removing you from the premises.