The New Orleans Eviction Process: A Landlord’s Step-by-Step Guide 📜

Evicting a tenant is one of the most stressful challenges a landlord can face.  With a city with its own unique legal rhythm like New Orleans, it’s crucial to handle the process with precision. In fact, one wrong move can delay the proceedings, cost you money, and even result in a judge dismissing your case.

In short, at Lafayette Process Servers LLC, we handle the critical first step of the legal process, ensuring your case starts on solid, legally-defensible ground. This guide will walk you through the New Orleans eviction process, from the initial notice to reclaiming your property.

Step 1: The Foundation – The 5-Day Notice to Vacate

First and foremost, before you can even think about court, you must provide the tenant with a written 5-Day Notice to Vacate. This is the non-negotiable starting point for all evictions in Louisiana for non-payment of rent or other lease violations.

• What it is: A formal letter that clearly states the reason for the eviction (e.g., “failure to pay rent in the amount of $XXX”) and demands the tenant leave the property within five business days.
• Why it’s critical: Fundamentally, this notice is your legal foundation. Without proof that you properly delivered it, the court will not hear your case.
• Proper Service is Key: Simply taping the notice to the door is risky. If the tenant claims they never saw it, your case could be thrown out. Therefore, using a professional process server to deliver the notice provides you with a notarized Affidavit of Service, which is powerful evidence that you met your legal obligation.

➡️ Download a Free Louisiana Eviction Notice Form (PDF) to use as a template.

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

Consequently, if the tenant doesn’t pay or move out after the 5-day notice period expires, your next step is to file an eviction lawsuit, officially called a Rule for Possession.

For instance, where you file depends on the property’s location in Orleans Parish:

• East Bank: You must file with the Clerk at First City Court of New Orleans.
• West Bank (Algiers): You must file with the Clerk at Second City Court of New Orleans.

Filing in the wrong court is a common and costly mistake, so it’s essential to verify the correct jurisdiction. 🏛️

Step 3: Serving the Tenant & The Court Date

After filing the lawsuit, the court schedules a hearing and issues a summons. In New Orleans, the Constable’s Office for the respective City Court then handles the official service of these court papers, which officially notifies the tenant of the date and time they must appear in court.

Step 4: The Court Hearing

Subsequently, on your court date, you must appear before the judge to present your case. Furthermore, you must be prepared and bring all necessary documentation, including:

• The signed lease agreement.
• Your payment ledger detailing the missed payments.
• The original 5-Day Notice to Vacate that was issued.
• Your Affidavit of Service as proof of delivery.

If the tenant doesn’t show up or if you prove your case, the judge will then issue a Judgment of Eviction.

Step 5: The Final Step – The Warrant for Possession 🔑

However, a judgment does not mean you can immediately change the locks. Instead, you must return to the Clerk of Court and request a Warrant for Possession (sometimes called a Writ of Possession).

From there, the Constable will post the warrant on the tenant’s door, which serves as the final, official notice. This action gives the tenant 24 hours to vacate the property. If they fail to leave within that timeframe, the Constable then has the legal authority to remove them and their possessions.

Avoid These Common New Orleans Eviction Pitfalls ⚠️

Importantly, you must avoid several common pitfalls:

• “Self-Help” Evictions: To be clear, it is illegal to change the locks, turn off utilities, or remove a tenant’s belongings to force them out. In other words, you must go through the legal process.
• Improper Notice: Failing to properly serve the initial 5-Day Notice is the most common reason judges dismiss eviction cases. Above all, don’t let a simple mistake derail your entire case.

Ultimately, the New Orleans eviction process is a series of precise legal steps. Without a doubt, the best way to ensure a smooth process is to start it correctly.

Indeed, while the Constable handles court summons, Lafayette Process Servers LLC specializes in the professional service of your initial 5-Day Notice to Vacate. We provide the ironclad proof of service you need to proceed with confidence. Contact us today to get started.

Sources & Helpful Links:

• Local Courts: First City Court and Second City Court of New Orleans

• State Eviction Law: Louisiana Code of Civil Procedure Art. 4701 (Notice to Vacate)

• Tenant Resources: Louisiana State Bar Association – Pro Bono Eviction Info (PDF)

• Eviction Form: Sample Louisiana Eviction Notice Form (PDF)

• Serving Child Support Papers in Louisiana? Why You Need a Professional Process Server

Disclaimer:

This blog post is for informational purposes only and does not constitute legal advice. Landlord-tenant laws are complex and require strict adherence to legal procedure. You should consult with a qualified attorney for advice regarding your specific situation.