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Pay or Quit – This notice is used when rent hasn’t been paid on time. It lets the tenant know the balance is overdue and that failure to pay may lead to eviction. It serves as the landlord’s first formal step.
Cure or Quit – Used when a tenant violates a lease term that can be corrected. The notice explains what went wrong and gives the tenant an opportunity to fix the issue. If the problem continues, eviction may follow.
Termination of Month-to-Month Tenancy (30-Day Notice) – This notice informs the tenant that a month-to-month rental will not continue. It gives advance notice so the tenant has time to prepare to move out.
Notice to Quit for Illegal Activity – Issued when illegal conduct occurs at the rental property. These notices often move directly toward eviction and usually do not allow a chance to cure.
Eviction Laws
- Rent Grace Period: Not explicitly mentioned in statute.
- Non-Payment of Rent: 5 days.[1]
- Non-Compliance: 5 days.[1]
- Termination of Month-to-Month Lease: 10 days.[2]
- Eviction Lawsuit Type: Eviction of Tenants and Occupants.[3]
- Utility Shutoff – Landlords may not shut off a tenant’s utilities in an attempt to force them out. Doing so is considered an illegal self-help eviction under Louisiana law.
- Changing the Locks – Landlords may not change a tenant’s locks or otherwise deny access to the unit without a court order.
Any attempt to bypass the court process can expose a landlord to legal penalties and delay the eviction.
How to Evict a Tenant in Louisiana (Step-by-Step)
Step 1: Serve Written Notice
Before going to court, the landlord must provide written notice and allow the tenant time to respond.
Step 2: File Eviction Paperwork With the Court
If the tenant does not comply, the landlord may file the required documents with the appropriate local court:
Filing fees vary by jurisdiction, including:
- Shreveport: $150 plus $50 per additional defendant.[4]
- Baton Rouge: $160 plus $10 per additional defendant.[5]
- New Orleans (First City Court): $312 for up to five defendants.[6]
Step 3: Tenant Is Served and Hearing Is Set
The court issues an Order to Show Cause, which must be served on the tenant by a constable. This order sets the eviction hearing date.
Step 4: Obtain Judgment and Possession
If the tenant does not appear or the judge rules in favor of the landlord, the court will issue a Judgment for Eviction. If the tenant still refuses to leave, the landlord may obtain a Warrant for Possession and request assistance from a constable to remove the tenant.
Court Forms & Resources
- Petition for Eviction (Sample) – Filed by the landlord to formally start the eviction case
- Soldier’s/Sailor’s Affidavit (Sample) – Filed with the petition to disclose whether the tenant is on active military duty, which may affect the proceedings.
- Court Information Sheet (Sample) – Lists the names and contact details of all parties involved in the case.
- Order to Show Cause (Sample) – Issued by the court and served on the tenant, requiring them to appear for a hearing.
- Warrant for Possession (Sample) – Issued after judgment and authorizes a constable, marshal, or sheriff to remove the tenant if they refuse to leave.
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