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Navigating the New Orleans Eviction Process: A Complete Landlord’s Guide

 

Dealing with an eviction in New Orleans is one of the most stressful challenges a landlord can face. Indeed, the legal process is complex, confusing, and full of pitfalls. A simple mistake with a notice or a filing at the First City Court can cause a judge to dismiss your case. Consequently, this forces you to start all over while losing another month’s rent.

 

You don’t have to navigate this alone. As New Orleans’ most trusted legal support experts, Lafayette Process Servers LLC (operating as Metairie Process Servers) has created this complete guide to walk you through every single step.

 


 

Key Takeaways

 

  • First, the eviction process must begin with a proper written notice, most commonly the 5-Day Notice to Vacate for non-payment of rent.

 

  • Crucially, check your lease first for a “waiver of notice” clause. This is a vital expert tip that may allow you to file in court immediately.

 

  • Eviction lawsuits (a “Rule for Possession”) must be filed in the correct court: First City Court (East Bank) or Second City Court (Algiers).

 

  • Finally, you must use a professional (like a Constable or a court-appointed private process server) to legally serve the court papers.

 


 

A Quick Video Overview: The New Orleans Eviction Process 🎥

 

 


 

Step 1: The Eviction Notice (The Critical First Step)

 

Before you can even go to court, you must legally notify your tenant. This is the step where most landlords make a mistake.

 

  • For Non-Payment of Rent: You must use a 5-Day Notice to Vacate. This notice gives the tenant five business days to leave.

 

  • For Lease Violations: The 5-Day Notice also applies to other breaches of the lease (e.g., unauthorized pets, causing damage).

 

  • For “No Lease” (Month-to-Month): You must provide a 10-Day Notice to Terminate before the end of the month.

 

How to Deliver the Notice: You cannot just text or email the notice. Instead, Louisiana law requires you to either 1) hand it to the tenant personally or 2) tack it securely to their front door.

 

Why Use Us? A tenant’s first defense is often “I never got the notice.” When Lafayette Process Servers LLC delivers your 5-Day Notice, we provide a notarized Affidavit of Service. Therefore, this serves as ironclad, third-party proof for the judge that you legally served the notice.

 


 

Download Your Free Eviction Notice PDFs ⬇️

 

To help you get started correctly, here are links to valuable, fillable PDF resources.

 

 

 


 

Step 2: Filing the “Rule for Possession” (The Lawsuit)

 

If the tenant does not leave after the notice period, your next step is to file the official eviction lawsuit. In New Orleans, this is called a “Rule for Possession.”

Here, local expertise is critical:

 

  • If the property is on the East Bank of New Orleans, you must file at First City Court.

 

  • If the property is on the West Bank (Algiers), you must file at Second City Court.

 

Why Use Us? Don’t waste your day driving downtown and waiting in line. Our Courthouse Runners are already at these courthouses every day. We can file all the paperwork on your behalf, ensuring we do it correctly and saving you valuable time.

 


 

Step 3: Service of Process (Notifying the Tenant of the Lawsuit)

 

Once you file the Rule for Possession, the court will set a hearing date. You must now formally serve the tenant with these court papers, notifying them of the date to appear.

 

You cannot do this step yourself. A Constable or a court-appointed private process server like us must handle it.

 

Why We Are Your Best Choice: The Constable’s office is often overworked. However, our professional process servers are faster, more persistent, and use advanced tools if the tenant is trying to hide. We serve the papers immediately, get you the Affidavit of Service, and keep your case moving forward without delay.

 


 

Step 4: The Hearing and the “Writ of Possession” (The Final Step)

 

This is the final stage. You will attend your court hearing. If you’ve followed all the steps and have your proof (especially our Affidavits of Service!), the judge will grant a Judgment of Eviction. The tenant will typically have 24 hours to leave.

 

Then, if they still refuse to leave, the court issues a “Writ of Possession.” This is the document you take to the Constable, who is then authorized to physically remove the tenant from your property.

 


 

“‘The team at Metairie Process Servers is an essential part of our eviction process. They handle our 5-Day Notices and serve the court papers. Their speed and professionalism at First City Court are unmatched. We don’t file an eviction without them.’ – New Orleans Property Manager”

 


 

Frequently Asked Questions (FAQ)

 

  • Q: Can I just change the locks or turn off the utilities?

 

  • A: No. This is an illegal “self-help” eviction. You will be sued by the tenant and will lose. You must follow the legal court process.

 

  • Q: What is a “waiver of notice” clause?

 

  • A: This is a clause in your lease where the tenant “waives” their right to the 5-Day Notice. If you have this, you can skip Step 1 and file in court immediately after rent is late. It’s a powerful tool, and you should check your lease for it.

 

  • Q: Can you handle both the 5-Day Notice and the court paper service?

 

  • A: Yes. We are your all-in-one partner. We can deliver the initial notice, file the lawsuit for you, and then serve the final court papers.

 


 

Let Us Handle the Hard Part

 

Don’t let the stress of a New Orleans eviction cost you time and money. Trust the local experts at Lafayette Process Servers LLC to handle the most critical steps with the speed and professionalism you deserve.

for a free consultation on your eviction case.

 


 

⚠️ Disclaimer This guide provides general information and is not a substitute for legal advice. Moreover, landlord-tenant law is complex. Always consult your lease agreement and speak with a qualified Louisiana attorney.

 


 

📚 Sources & Further Reading

 

 

 

 

 

 

 

 

 

 


 

About the Author

 

Scott Frank is the founder of Lafayette Process Servers LLC with over 20 years of experience in Louisiana legal support. He is an expert in the rules of service of process and the specific landlord-tenant procedures of the New Orleans City Courts.

 

Owner of Lafayette Process Servers LLC