Louisiana Eviction Notice Forms – PDF Templates
An eviction, is in most cases, the process of removing a tenant that is occupying property for violating the terms and conditions of a lease. Most common it is due to the non-payment of rent to the landlord. The landlord or representative must follow the State laws and steps in order to be accepted in the courts and legally remove the tenant from the premises.
Louisiana Eviction Process
The first step in the eviction process is to serve a Notice to Quit to the tenant. Either the landlord or a sheriff or marshal must serve the notice personally. If the tenant does not answer the door, the notice must be posted on the door. The notice must state the reason for the eviction.
If the eviction is for nonpayment of rent or a lease violation, the tenant has five (5) days to leave the property. In either case, the tenant may pay rent or correct the violation to avoid further action; however, the owner may still proceed with the eviction based on the initial missed payment, even after the tenant pays in full. If the lease is a month-to-month lease, and the owner does not want to renew, then the owner must give the tenant 10 days’ notice. The owner need not give a reason for this type of eviction.
After the period in the notice expires without the tenant vacating or complying with the demand, the owner may file a Rule to Evict at the local Parish court. This requires the owner to bring proof of notice service or proof that the written lease did not require notice for an eviction. The sheriff will serve the tenant with a copy of the Rule.
- Affidavit – If an agent is to be used on behalf of the landlord, the affidavit must be used to identify to the court the legal representative
- See List of Parishes – The cost is determined by your area but is usually between $120 to $150 to file
The tenant must then file an Answer with a defense to the accusation. Defenses could include that the notice or service process was inadequate, or that the owner had regularly accepted late or partial rent payments.
The hearing will be scheduled three days after the service of the complaint to the tenant. The hearing will occur before a judge, not a jury. Each party may present their case with any supporting documents and witnesses.
The landlord must prove that the tenant failed to pay rent or breached the lease in some way or that the lease has expired, and that notice was properly served.
If the judge rules for the owner, he or she will issue a Judgment of Execution, which gives the tenant just 24 hours to leave the property or appeal the decision. If the tenant does not leave or appeal, the judge may issue a warrant directing the sheriff to remove the tenant and his belongings.
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