Louisiana Eviction Laws: Legal Reasons & Tenant Defenses

Facing eviction as a Louisiana renter can feel overwhelming. Knowing the legal reasons a landlord can ask you to leave, what the eviction process looks like, and the defenses you may have is the first step toward protecting your home and rights. This guide explains Louisiana's eviction laws, required notices, official forms, and where to find help—all in plain language.

Legal Reasons for Eviction in Louisiana

Under the Louisiana Code of Civil Procedure Articles 4701–4735, a landlord can only evict a tenant for certain legal reasons. Understanding these is critical if you’ve received an eviction notice.

• Nonpayment of Rent: If you do not pay your rent on time, your landlord can begin the eviction process after delivering proper notice.
• Lease Violations: Violating a rule in your lease, such as having unauthorized pets or people in the unit, can be grounds for eviction.
• No Lease or Month-to-Month: If you rent without a fixed-term lease, your landlord can terminate your tenancy with proper written notice.
• Illegal Activity: Engaging in illegal activities on the property, such as drug-related offenses, can lead to immediate legal action.

Eviction Process: Key Steps and Official Forms

If your landlord seeks to evict you, Louisiana law requires specific notices and court procedures. Tenants should know their rights at each stage.

• Notice to Vacate (Form: “Notice to Vacate”)
  
  • Name/Number: Notice to Vacate (no official form number)
  • When/How Used: Your landlord must provide you a written notice to vacate before filing for eviction. This can be a 5-day notice (not counting weekends and holidays).
  • Example: If you missed your rent, you may receive a hand-delivered or posted notice giving you five days to move out or pay.
  • See example Notice to Vacate (Louisiana Supreme Court)
• Rule for Possession (Eviction Petition)
  
  • Name/Number: Rule for Possession (no official state-wide form, found at each parish court)
  • When/How Used: Filed by the landlord in local court if tenant does not leave after notice. Starts the legal eviction case.
  • Example: Your landlord hasn't received rent after the notice period; they file the Rule for Possession at the correct parish courthouse.
  • See New Orleans Civil District Court Rule for Possession form
• Answer to Eviction (Optional—tenant response)
  
  • Name/Number: Answer to Eviction (no official state-wide form)
  • When/How Used: Tenants may respond to the eviction with an Answer—either in writing or verbally on the court date. Court staff can help you know what's needed.
  • Example: You believe the eviction is unfair—at your court date, you state your defense to the judge, such as proof this is for retaliation.

Common Tenant Defenses in Louisiana Eviction Cases

Even if you’ve received a notice or eviction court papers, you still have rights and possible defenses. Here are common defenses recognized by Louisiana courts:

• Improper Notice: The landlord did not follow the legal process for giving you written notice to vacate.
• Retaliatory Eviction: If your landlord is trying to evict you for exercising your legal rights (like requesting repairs), you may tell the judge this is retaliation.
• Discrimination: Evicting someone due to race, religion, disability, or other protected reasons is illegal under state and federal law.
• Payment Made: You paid the rent or fixed the lease violation before the notice period ended.

If you have one of these defenses, bring any evidence (receipts, communications) and explain your side in court. The civil court judge will decide based on the facts presented.

What Happens at the Eviction Hearing?

The court (usually Parish Civil Court, such as the New Orleans First City Court) will set a hearing date, often within days after the petition is filed. You have the right to appear, present your defense, and bring any evidence or witnesses.

• If the court rules for the landlord, you’ll be ordered to vacate—usually within 24 hours of the judgment.
• If you win (for example, the notice was served incorrectly), you may remain in your home, but you must continue to follow your lease.

Understanding Louisiana Tenant-Landlord Law

Evictions in Louisiana are governed by the Louisiana Code of Civil Procedure Articles 4701–4735. Each parish court (such as Baton Rouge City Court, New Orleans First/Second City Court, or local Justice of the Peace Courts) handles residential eviction cases. For detailed court and process information, visit the Louisiana Supreme Court.

FAQ: Louisiana Evictions—Your Questions Answered

1. How much notice does my landlord have to give me before eviction in Louisiana?
   In most cases, landlords must give at least 5 days' written notice (excluding weekends and holidays) before filing in court.
2. Can my landlord evict me without going to court?
   No. Self-help evictions (like changing locks or removing belongings without a court order) are illegal in Louisiana.
3. What should I bring to my eviction court hearing?
   Bring any proof of rent payments, your lease, written communications with the landlord, and any witnesses or evidence supporting your defense.
4. Can I stop an eviction if I pay my rent after receiving notice?
   Sometimes. If you pay before the court date and the landlord accepts it, the case may be dismissed. If not, the eviction may still proceed.
5. Where can I find free help with an eviction?
   Contact Louisiana Law Help or your local legal aid office for free legal assistance and information.

Need Help? Resources for Renters

• Louisiana Supreme Court – Find parish courts and eviction information
• Louisiana Civil Justice Center – Free legal guidance and tenant support
• Louisiana Law Help: Eviction – Forms, self-help guides, and legal resources
• HUD: Louisiana Rental Help – Federal resources and rights for Louisiana renters

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1. Louisiana Code of Civil Procedure Articles 4701–4735
2. Louisiana Supreme Court: Notice to Vacate sample
3. Orleans Civil District Court: Forms

Key takeaways:

• Landlords in Louisiana must provide legal notice and follow the court process for evictions.
• Tenants have specific defenses if facing eviction—improper notice, retaliation, or discrimination.
• Always attend your eviction hearing and seek free help or legal aid services if you’re unsure of your rights.

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