Louisiana's civil-law system makes its eviction procedure unique. Court selection and notice requirements are different from common-law states.
Louisiana's eviction process is called a Rule for Possession and is governed by the Louisiana Code of Civil Procedure articles 4701-4735. Louisiana's legal system is based on civil law (derived from French and Spanish traditions) rather than common law, making its procedures unique among U.S. states. Cases are filed in justice of the peace court, city court, or district court depending on the parish and case value. Uncontested cases typically conclude within three to five weeks.
Eviction cases in Louisiana are filed in the court with jurisdiction over the parish where the property is located. The choice of court depends on parish boundaries, city limits, and case value. New Orleans (Orleans Parish) and Baton Rouge (East Baton Rouge Parish) have specialized courts that handle landlord-tenant matters efficiently.
For non-payment of rent or lease violations, Louisiana requires a 5-day written Notice to Vacate under La. Code Civ. P. 4701. The notice demands that the tenant vacate within five days. Louisiana law does not require the notice to offer a cure opportunity for non-payment — the tenant must vacate or face suit. However, many landlords offer pay-or-vacate language as a courtesy.
For lease term expirations or month-to-month tenancies, the notice period is governed by the lease or by Louisiana Civil Code provisions on lease terminations. Generally 10 days for monthly leases and longer for annual leases.
The notice can be delivered by personal service, posting on the door, or registered mail. Document delivery with photos and receipts. Louisiana courts strictly enforce notice requirements.
After the notice period expires, file a Rule for Possession in the appropriate court. Filing fees in Louisiana are typically $100 to $200 depending on the court and parish. The court will issue a citation that must be served on the tenant.
Louisiana procedure moves quickly — the rule is heard within 3 days of service in many parishes (excluding weekends and holidays). The tenant must appear at the hearing or face default judgment.
Louisiana eviction hearings are conducted under civil law procedure but are practically similar to common-law eviction hearings. Bring your lease, the Notice to Vacate, proof of service, your rent ledger, and any documentation. The judge will hear both sides and typically issue a ruling at the conclusion.
If you prevail, the court issues a Judgment of Possession. The tenant has 24 hours to vacate before the warrant of possession can be executed (this is one of the shortest waiting periods in the country). Tenants can suspend by paying rent and damages or by appealing with bond.
Orleans Parish, encompassing the City of New Orleans, has a unique legal landscape due to local ordinances and the historical character of New Orleans real estate. Eviction filings for residential properties go to the First and Second City Courts of New Orleans, which have streamlined eviction dockets. The post-Katrina rental market and the impact of short-term rentals have made New Orleans one of the more active eviction venues in the South.
East Baton Rouge Parish, anchored by Baton Rouge, is Louisiana's most populous parish. Eviction filings go to the Baton Rouge City Court for properties within city limits or to the East Baton Rouge Parish 19th Judicial District Court for properties outside city limits. For detailed landlord-tenant law specific to each parish — including court selection, local procedures, and filing logistics — see Orleans Parish landlord-tenant law and East Baton Rouge Parish landlord-tenant law.
Louisiana's civil-law system makes its eviction procedure different from any other U.S. state in subtle but important ways. Court selection (justice of peace vs. city court vs. district court) varies by parish and is essential to get right. See the full Louisiana landlord-tenant law guide for notice templates, security deposit rules, and parish-specific information across all 64 Louisiana parishes.
Once the Judgment of Possession is final and the 24-hour period has passed, the constable or marshal executes the warrant of possession. Execution typically occurs within 3 to 7 days. Be present with a locksmith.
Louisiana law addresses tenant property left behind. Provide notice and reasonable opportunity for retrieval before disposal. The specific rules vary by parish and case circumstances.