Evicting a Roommate Not on the Lease in Louisiana: Steps for Renters

Living with a roommate can be convenient, but situations sometimes arise where you need to remove someone who isn’t on your lease. If you’re a renter in Louisiana facing this challenge, understanding your rights and the correct legal process is essential. This guide walks you through how to lawfully evict a roommate not listed on your lease and connects you with the right official resources.

Understanding Roommate Status in Louisiana

In Louisiana, a roommate who is not on the lease—sometimes known as an "unauthorized occupant" or "guest"—generally does not have the same legal protections or obligations as a named tenant. However, you cannot forcibly remove them without following the proper legal process. Attempting to "self-evict" (e.g., changing locks or removing their belongings without a court order) is illegal and could expose you to liability.

When and Why Eviction May Be Needed

You might need to evict a roommate not on the lease if:

  • They refuse to leave after being asked
  • They create unsafe or disruptive living conditions
  • Your landlord has directed you to remove unauthorized occupants

It’s important to remember that only a court can order someone to leave your rental property. The eviction process for a roommate not on the lease is similar to removing a guest or occupant but does differ from traditional tenant evictions.

Legal Steps to Remove a Roommate Not on the Lease

Evicting a roommate who isn’t on the lease in Louisiana involves specific steps. Usually, you must treat the roommate as an “occupant without the right of possession,” sometimes called a “holdover guest.” Here is how the process works:

  • Step 1: Give Written Notice – Louisiana law does not specify a required written notice period for guests not on the lease, but providing a dated written notice to vacate is recommended for documentation.
  • Step 2: File for Eviction (Rule for Possession) – If the roommate refuses to leave after notice, you must file a "Rule for Possession" with your local city or parish court. This form starts the eviction case.
  • Step 3: Attend Court Hearing – The court will set a date for a hearing. You must present your case and show the notice given to your roommate. If you win, the court will issue a judgment of possession.
  • Step 4: Wait for Official Removal (Warrant of Eviction) – If your roommate still does not leave, you may request a "Warrant of Eviction" from the court. Only a law enforcement officer can physically remove a person from the property.
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Which Official Forms Will You Need?

  • Rule for Possession (Eviction Complaint Form): This is the document you file with the City or Parish Court to start the eviction process. For example, in New Orleans, it is called the "Rule for Possession" and can be accessed through the Orleans Parish Civil District Court Eviction Forms. Use it when your roommate refuses to leave after written notice. Attach your notice and evidence of the roommate’s occupancy.
  • Warrant for Possession (Warrant of Eviction): After a successful eviction hearing, request this writ from the court if your roommate still won't vacate. It authorizes the constable or sheriff to remove the person from the property.

Find forms for your specific parish or city via the Louisiana District Court Directory or check directly with your city or parish court clerk's office.

Key Legislation, Authorities, and Where to File

Tip: Always keep a copy of your notice and any written communication with your roommate. Written records help your case in court and provide proof of your attempts to resolve the issue.

Renter Action Steps: How to Remove a Non-Lease Roommate

  • Document all interactions and reasons for removal.
  • Give your roommate a clear written notice (keep a copy).
  • If they do not leave, go to your city or parish court to file a Rule for Possession.
  • Attend the scheduled court hearing and bring your documentation.
  • If granted eviction, request a Warrant of Eviction for official removal if needed.

Following these steps protects you legally and ensures the process is handled fairly under Louisiana law.

Frequently Asked Questions

  1. Can I change the locks to keep my roommate out?
    No, you must not change the locks or remove your roommate’s belongings without a court order. Only law enforcement can evict after the court grants possession.
  2. Does my landlord need to be involved in removing my roommate?
    Typically, you can file for eviction independently if your roommate is not on the lease, but your lease may have rules about occupancy—always check your lease first.
  3. How long does the eviction process take in Louisiana?
    Hearings are usually scheduled within three days of filing, but the full process—including removal—can take several weeks depending on the parish court and if appeals are made.
  4. What if my roommate has lived with me for a long time?
    Length of stay may influence the court’s decision, but unless the roommate is formally added to the lease, you still have the right to seek legal removal through the courts.
  5. Is there a fee to file for eviction?
    Yes, there is often a filing fee. Check with your parish or city court for the current amount. Fee waivers may be available if you qualify.

Conclusion: Key Points for Renters

  • Follow Louisiana law—never attempt self-eviction.
  • Provide written notice and use official court forms.
  • The parish/city court is your main authority for eviction proceedings.
  • Document everything for your protection.

With the right steps and official support, you can resolve roommate issues fairly and avoid legal trouble.

Need Help? Resources for Renters


  1. Louisiana Civil Code – Articles 2668 to 2729 (Leases)
  2. Louisiana Code of Civil Procedure Article 4733
  3. Orleans Parish Civil District Court: Eviction Forms
  4. Louisiana District Court Directory
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.