The Louisiana Eviction Process: A Simple Overview
Evictions in Louisiana follow a strict legal process. While the timeline can be faster than in some states, landlords must follow each step carefully, which is why having an experienced real estate attorney matters. Skipping a step can result in dismissal or liability.
Step 1: Notice to Vacate
Most residential evictions require a five-day notice to vacate, excluding weekends and legal holidays, unless the lease provides otherwise. The notice must clearly demand possession and be properly served.
Improper notice is one of the most common reasons evictions fail.
Step 2: Filing an Eviction (Rule for Possession)
If the tenant does not vacate, the landlord must file a Rule for Possession in the proper court. The filing typically includes the lease, proof of notice, and the grounds for eviction.
Step 3: Eviction Hearing
The court sets a prompt hearing. Both sides may appear, but the landlord bears the burden of proving entitlement to possession. Judges expect landlords to be prepared.
Step 4: Judgment of Eviction
If the landlord prevails, the judge signs a Judgment of Eviction ordering the tenant to vacate. This judgment alone does not authorize the landlord to remove the tenant.
Step 5: Physical Eviction by Law Enforcement
If the tenant remains, the landlord must obtain a Writ of Possession. Only the sheriff or constable may physically remove the tenant. Landlords may not change locks, remove property, or shut off utilities.
How Long Does an Eviction Take?
Uncontested Louisiana evictions can take three to six weeks, but delays are common when notice or procedure is improper.
Bottom Line
Louisiana evictions are procedural. Doing it “almost right” often means doing it wrong. Following the correct procedural process protects both landlords and tenants—and avoids costly mistakes.
To learn more or to schedule a consultation with an experienced real estate attorney, contact Johnston Burkhardt at
johnston@snw.law or 504-313-4199.


