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Your Step-by-Step Guide to the Eviction Process in New Orleans ⚖️

Home Your Step-by-Step Guide to the Eviction Process in New Orleans ⚖️

 

Navigating the eviction process in New Orleans can feel overwhelming, but it follows a legally defined path. In Louisiana, the official term for an eviction lawsuit is a “Rule for Possession,” and the process is known for being relatively quick. However, this speed depends entirely on following every step to the letter. In fact, a single mistake can derail your case and force you to start over.

 

This guide, therefore, breaks down the entire process from start to finish.

 

🚨 Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Eviction is a legal proceeding with strict rules. Consequently, you should always consult with a qualified New Orleans landlord-tenant attorney before taking any action.

 

 

Step 1: Determine Your Legal Reason (“Grounds”) for Eviction

 

First and foremost, you cannot evict a tenant without a valid legal reason, also known as “grounds.” Before any paperwork is filed, you must clearly identify why you are evicting. For instance, the most common grounds in Louisiana include:

 

  • 💰 Non-Payment of Rent: The tenant has failed to pay their rent on time.

 

  • 🚫 Violation of the Lease: The tenant has broken a specific rule in the lease agreement (e.g., unauthorized pets, causing damage, nuisance).

 

  • 📅 Lease Expiration: The lease term (e.g., one year) has ended, or you are ending a month-to-month tenancy, and you do not wish to renew.

 

The reason you choose will, in turn, determine the type of notice you must provide.

 

Step 2: Serve the Official “Notice to Vacate” 📝

 

Once you have your legal grounds, the next critical step is to provide the tenant with a formal, written “Notice to Vacate.” This notice is not optional; rather, it is a legal prerequisite to filing an eviction lawsuit.

 

  • For Non-Payment or Lease Violations, for example, you must provide a 5-Day Notice to Vacate. This gives the tenant five business days (excluding weekends/holidays) to either fix the issue (pay rent) or move out.

 

  • In contrast, for Ending a Month-to-Month Lease, you must provide a 10-Day Notice to Vacate before the end of the rental month.

 

To be legally compliant, you must deliver the notice properly. Generally, this means handing it to the tenant directly or, more commonly, posting it securely on the front door of the residence.

 

 

Sample 5-Day Notice to Vacate Form

 

🛑 FORM DISCLAIMER: FOR EDUCATIONAL USE ONLY 🛑 This is a sample template and NOT a substitute for a legal form prepared by an attorney. Laws can change, and court requirements can be very specific. As a result, using an improper form can cause your eviction case to be dismissed. You should obtain a current, compliant form from your attorney or a reputable local source.

 

 

NOTICE TO VACATE

 

DATE: [Date]

 

TO: [Tenant's Full Name] [Tenant's Second Full Name, if on lease] [And all other occupants]

 

REGARDING PROPERTY AT: [Street Address] [Unit #, if applicable] [City, LA, Zip Code]

 

This NOTICE TO VACATE is provided to you in accordance with Louisiana Code of Civil Procedure Art. 4701.

 

You have breached your lease agreement due to [State the reason clearly, e.g., NON-PAYMENT OF RENT].

 

The total past-due rent owed is $[Total Amount Owed] for the period of [List the month(s) rent is due for, e.g., September 2025].

 

 

YOU ARE HEREBY NOTIFIED TO EITHER:

 

  1. Pay the total past-due rent of $[Total Amount Owed] in full. OR
  2. Vacate the premises and deliver possession to the undersigned landlord.

 

THIS MUST BE DONE WITHIN FIVE (5) DAYS, excluding weekends and legal holidays, from the date of delivery of this notice.

 

If you fail to pay the full amount due or vacate the premises within five days, a Rule for Possession (eviction lawsuit) will be filed against you, and we will seek a judgment ordering your removal from the property, as well as any rent, costs, and attorney’s fees allowed by law.

 

Landlord/Agent Signature:

 

 

Printed Name: [Your Printed Name]

 

 

Certificate of Service

 

 

I, [Your Name], certify that on [Date of Delivery], I served a true and correct copy of this Notice to Vacate by [Check one] [ ] Personal Service or [ ] Posting on Door. Signature: _________________________

 

 

Step 3: File the “Rule for Possession” in Court 🏛️

 

If the tenant does not comply with the Notice to Vacate within the given timeframe, you can then proceed to court. You accomplish this by filing a petition called a “Rule for Possession.”

 

  • Where to File: Specifically, in New Orleans, you file at either First City Court (for properties on the East Bank of the Mississippi River) or Second City Court (for properties on the West Bank/Algiers).

 

  • What you’ll need: When you file, you will need to bring copies of the lease, the signed Notice to Vacate, proof of how you delivered it, and the required filing fees.

 

After filing, the court will schedule a hearing date, typically within 7-10 days.

 

Step 4: Attend the Court Hearing

 

Both the landlord and tenant must appear at the scheduled hearing. During the hearing, you must be prepared to present your case to the judge. To do so effectively, be sure to bring all your documentation:

 

  • The original lease agreement.

 

  • A copy of the Notice to Vacate and your Certificate of Service.

 

  • Rent payment records or ledgers (if for non-payment).

 

  • Photos or other evidence of lease violations (if applicable).

 

If the tenant does not show up, or if you successfully prove your case, the judge will then issue a Judgment of Eviction.

 

Step 5: The 24-Hour Notice to Vacate

 

Once the judge signs the judgment, a constable serves it on the tenant. As a result, the tenant has 24 hours to move out.

 

Step 6: The Final Removal by the Constable 👮

 

Crucially, if the tenant still refuses to leave after the 24 hours have expired, you cannot change the locks, turn off utilities, or remove their belongings yourself. This is an illegal “self-help” eviction.

 

Instead, you must return to the court and request a “Writ of Possession.” This document, in turn, authorizes a constable to go to the property and legally remove the tenant and their belongings. In the end, this action returns possession of the property to you and completes the eviction process.

 

 

Sources & Further Reading 📚

 

  • Louisiana Code of Civil Procedure Art. 4701 – Notice to Vacate: This is the actual state law that defines the requirement and legal standing of the 5-Day Notice to Vacate.

 

  • Louisiana Civil Code Art. 2704 – Lessee’s Failure to Pay Rent: This law specifies the landlord’s right to dissolve the lease and pursue eviction when the lessee fails to pay rent.

 

 

 

 

  • Southeast Louisiana Legal Services (SLLS): A non-profit organization offering detailed guides and legal resources on the eviction process for both landlords and tenants.

 

 

 

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