As a landlord or property manager, one of the most pressing questions you face when a tenancy goes wrong is: “How long will it take to evict this tenant?” It’s a question we hear all the time at Lafayette Process Servers LLC. You need your property back, and every day of delay costs you money.
The short answer? The eviction process in Louisiana can take anywhere from 2 to 4 weeks in a straightforward, uncontested case. However, this “best-case scenario” timeline can easily stretch longer if there are complications or procedural errors.
Let’s break down the Louisiana eviction timeline step-by-step so you know exactly what to expect. 🗓️
The Louisiana Eviction Timeline: A Step-by-Step Breakdown
The entire process is governed by specific legal waiting periods. Following these perfectly is the key to a speedy eviction. Any misstep can send you back to square one.
Step 1: The 5-Day Notice to Vacate
Timeframe: 5 Business Days
This is the mandatory first step. Before you can even think about going to court, you must provide the tenant with a written 5-Day Notice to Vacate.
- What it is: A formal letter demanding the tenant leave the property. It must state the reason (e.g., non-payment of rent) and be delivered correctly.
- The Clock: The 5-day countdown begins the day after the notice is delivered. It excludes weekends and legal holidays.
- Crucial Detail: Proper delivery—or “service”—of this notice is non-negotiable. If you can’t prove in court that the tenant received it, your case will be dismissed.
➡️ Need a form to get started? Download a free Louisiana Eviction Notice to Quit Form (PDF) to see what the document looks like.
Step 2: Filing the Rule for Possession
Timeframe: 1-3 Business Days
If the tenant has not paid or moved out after the 5-day notice period expires, you can officially begin the legal eviction.
- What it is: You or your attorney will file a lawsuit called a “Rule for Possession” (or “Petition of Eviction”) at the local courthouse, such as the Lafayette City Court or 15th JDC.
- The Clock: This step usually takes a day or two to prepare and file the necessary paperwork.
Step 3: Serving the Tenant & Setting a Court Date
Timeframe: 3-10 Business Days
Once you file the lawsuit, the court will set a hearing date. The tenant must be formally notified of this court date.
- What it is: A professional process server, like us at Lafayette Process Servers LLC, or a sheriff’s deputy must serve the tenant with the court summons.
- The Clock: Louisiana law requires the court hearing to be set at least three days after the tenant is served. This period gives the tenant time to prepare a defense. Delays in service directly lead to delays in your court date.
Step 4: The Court Hearing
Timeframe: 1 Day
This is where a judge hears the case. 👨⚖️
- What it is: You (or your attorney) will present evidence that the eviction is justified (e.g., the lease, proof of non-payment, the served notice).
- The Clock: The hearing itself is usually quick. If the tenant doesn’t show up or if you win the case, the judge will issue an immediate Judgment of Eviction.
Step 5: The Writ of Possession (Final 24 Hours)
Timeframe: 24 Hours
The judgment is not the final step. To have the tenant physically removed, you need one last document from the court.
- What it is: A “Writ of Possession” is an order from the judge to law enforcement. A constable or sheriff’s deputy will post this notice on the tenant’s door.
- The Clock: This gives the tenant a final 24 hours to vacate the property with their belongings. After 24 hours, law enforcement can legally remove them if they haven’t left. 🔑
What Can Delay an Eviction in Louisiana? ⚠️
While the ideal timeline is 2-4 weeks, several factors can extend the process significantly:
- Improper Service: Failing to properly serve the 5-Day Notice or the court summons is the #1 reason for delays.
- The Tenant Contests: If the tenant answers the lawsuit and fights the eviction, the judge may set a trial for a later date.
- Court Schedules: Busy court dockets can sometimes delay the initial hearing date.
- Tenant Appeals: Though less common, a tenant can appeal the judge’s decision, adding weeks or months to the process.
The Bottom Line: Precision Prevents Delays
The fastest way to evict a tenant in Louisiana is to follow the law to the letter. Every step, from the initial notice to the final writ, has a legal timeline that must be respected.
The best way to protect your timeline is to ensure the first steps are handled flawlessly. At Lafayette Process Servers LLC, we specialize in the prompt, professional service of your Notice to Vacate and Rule for Possession, providing the legal proof you need to move your case forward without delay.
Contact us today to ensure your eviction process starts on the right foot!
Sources & Resources:
- Louisiana Code of Civil Procedure Art. 4701: Louisiana Legislature – The official state law on the Notice to Vacate.
- Louisiana Eviction Notice Form: Sample PDF Form – A template for the initial notice.
- Louisiana State Bar Association: Pro Bono Eviction Information (PDF) – Legal resources for tenants who are facing eviction.
- A Guide to Louisiana Landlord & Tenant Laws: Louisiana Attorney General’s Office – A helpful overview of rights and responsibilities.
- Serving Child Support Papers in Louisiana? Why You Need a Professional Process Server
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Eviction laws are complex and require careful adherence to legal procedure. We strongly recommend consulting with a qualified attorney for advice regarding your specific situation.
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