Illegal Self-Help Eviction Practices in Louisiana

If you're renting a home or apartment in Louisiana, it's important to understand your legal protections if your landlord tries to force you out without a court order. Some landlords may attempt "self-help" eviction tactics, but these are illegal in Louisiana. This guide explains what self-help eviction means, outlines what landlords can and cannot do, and provides official forms, resources, and action steps for renters.

Understanding Self-Help Eviction in Louisiana

Self-help eviction refers to any action a landlord takes to remove a tenant without using the legal eviction process. In Louisiana, this is strictly prohibited by law. Only the sheriff (and never the landlord) can carry out a physical eviction after a court order. The official process is outlined in the Louisiana Code of Civil Procedure, Title XI – Summary Proceedings.¹

What Landlords Cannot Legally Do

Louisiana law makes it illegal for landlords to use any of the following methods to remove a tenant or force them to leave:

• Change the locks without a court order
• Remove the tenant's personal belongings
• Shut off utilities (such as water, gas, or electricity)
• Threaten or harass tenants to get them to vacate

Only a sheriff can physically remove a tenant, and only after a formal eviction has been ordered by the court.

How the Legal Eviction Process Works

To legally evict a tenant in Louisiana, a landlord must:

• Give the tenant a written "Notice to Vacate" (usually 5 days)
• File an eviction action in the appropriate court if the tenant does not leave
• Obtain a court judgment for eviction
• Have the sheriff serve the eviction order and, if necessary, carry out the physical eviction

The court that handles these matters is typically your local City Court or Justice of the Peace Court, depending on where you live.

Key Official Forms for Louisiana Renters

• Notice to Vacate
  Form Name: "Notice to Vacate" (no standard state form; landlords typically use a written notice)
  When Used: Your landlord must serve this written notice before they start an eviction lawsuit. If you receive one, check the number of days given and act fast.
  Learn more: See the process described by the Louisiana Supreme Court.²
• Answer to Eviction Petition
  Form Name: "Answer to Eviction Petition" (no standard form; a written statement filed in court)
  When Used: If you want to contest the eviction or explain your situation to the judge, file an answer or appear at the hearing.
  Learn more: Instructions are on the Louisiana Supreme Court site under Civil Process.³

If you face threats of lockouts, shut-offs, or other illegal eviction tactics, you can contact your local housing court or Justice of the Peace office for advice and possible action.

What to Do if Your Landlord Attempts a Self-Help Eviction

If you believe your landlord is violating eviction laws:

• Document everything: Take photos, save texts or notes, and gather witnesses if possible
• Contact your local law enforcement (since only a sheriff can lawfully remove you)
• Reach out to the Louisiana Attorney General's Consumer Protection office
• File a complaint or seek help from your local court

Summary of Louisiana Tenant Protections

The main Louisiana laws protecting tenants from illegal eviction are:

• Louisiana Code of Civil Procedure Articles 4701–4735 (Summary Eviction Process)
• Louisiana Civil Code Articles 2668–2729 (Lease law and obligations)

These laws guarantee that landlords must use the courts and that tenants cannot be removed through threats, lockouts, or utility shutoffs.

Frequently Asked Questions

1. Can my landlord change my locks without notice in Louisiana?
   No, this is considered an illegal self-help eviction. Only the sheriff can change locks after a court order.
2. What should I do if my landlord shuts off my utilities?
   Document the shutoff, contact your local police or sheriff, and report the situation to the Louisiana Attorney General or local housing court.
3. Does my landlord have to go to court to evict me?
   Yes. Louisiana law requires landlords to give written notice and obtain a court judgment before any eviction.
4. How long do I have to leave after getting a "Notice to Vacate"?
   Most tenants are given at least 5 days. If you don't leave, your landlord must file for eviction in court.
5. Where can I get help if my landlord tries to evict me illegally?
   Contact your local city or parish court, the Louisiana Attorney General Consumer Protection office, or a renters' legal aid service immediately.

Need Help? Resources for Renters

• Louisiana Supreme Court: Information on court process and locations
• Louisiana Civil Justice Center: Free legal guidance for renters
• Louisiana Attorney General Consumer Protection: File complaints about illegal landlord actions
• Louisiana Housing Corporation: Statewide rental assistance and tenant resources

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1. Louisiana Code of Civil Procedure – Summary Proceedings, Articles 4701-4735
2. Louisiana Supreme Court – Residential Eviction Rules
3. Louisiana Supreme Court Civil Process Handbook

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