Partial Rent Payment Risks and Eviction in Louisiana

Struggling to pay rent in full is a common challenge for many renters in Louisiana. But before you make a partial rent payment, it's important to know how it might impact your rights—and your risk of eviction. This guide explains how Louisiana law treats partial payments, what your landlord can and cannot do, and the steps you can take if you’re facing eviction.

Understanding Partial Rent Payments in Louisiana

In Louisiana, your lease agreement typically requires you to pay the full rent each month, on the agreed date. If you cannot pay your rent in full and offer a partial payment instead, your landlord does not have to accept it. Even if the landlord does accept your partial payment, you may still face eviction for the unpaid balance.

What Happens If You Submit a Partial Payment?

• If your landlord accepts a partial rent payment, they can still begin eviction proceedings for the unpaid amount, unless you and your landlord both agree (in writing) to another plan.
• If your landlord does not accept the partial payment, you may be given a notice to vacate for nonpayment of rent.
• Always ask for (and keep) a receipt of any payment, whether partial or full.

Louisiana law does not require landlords to accept partial payments, and acceptance does not automatically stop an eviction¹.

Eviction Process in Louisiana: Key Steps for Renters

Evictions in Louisiana are handled under the Louisiana Code of Civil Procedure Article 4701 et seq., which covers residential landlord-tenant disputes.

• Your landlord must give you a written Notice to Vacate before starting an eviction lawsuit.
• This notice is usually for 5 days (excluding weekends and holidays).
• If you do not leave after the notice period, your landlord can file an eviction action in the local Louisiana District Court or Justice of the Peace Court.

Official Forms Used in Louisiana Eviction Process

• Notice to Vacate (No official statewide form)
  What it is: A written demand from the landlord for the tenant to leave the property. In Louisiana, landlords can write their own notice as long as it includes the necessary information.
  When/how used: If you fall behind on rent, your landlord will serve you this notice (often posted on your door or sent by mail). You do not need to fill out any forms to respond, but you should keep a copy for your records.
• Petition for Eviction (State form varies by parish/court)
  What it is: The document the landlord files with the court to formally start the eviction process.
  When/how used: If you don't move out after the Notice to Vacate, your landlord files this petition with your local court, starting formal eviction proceedings. Tenants will receive a court summons and have a chance to appear in court.
  Find your local Louisiana court here to request sample forms and get filing information.

If you receive court documents, read them carefully, and respond by attending your hearing or filing any required responses on time.

What to Do If You’ve Made a Partial Payment and Face Eviction

It can be stressful if you’re unable to pay your rent in full. If you made a partial payment and received a Notice to Vacate, these steps can help you protect your rights:

• Keep detailed records and receipts of all payments made.
• Communicate with your landlord in writing about your situation and any agreements made.
• Review your lease agreement and Louisiana’s tenancy laws.
• If served with a court notice, plan to attend your hearing and present any receipts or relevant evidence.
• Seek legal help or contact a renter advocacy group promptly.

Relevant Louisiana Tenancy Law

The main state law covering rentals and evictions is the Louisiana Code of Civil Procedure Article 4701 et seq. This law covers notices, eviction process, and court hearings for landlord-tenant issues. For more details, review the Louisiana Attorney General's Renter Rights page.

Frequently Asked Questions

1. If I pay part of my rent, can my landlord still evict me?
   Yes, a landlord can still begin eviction even if you make a partial payment, unless there is a written agreement for the remainder.
2. Is my landlord required to accept a partial rent payment?
   No, landlords in Louisiana are not legally required to accept partial payments for rent.
3. What if my landlord takes a partial payment—does that mean my eviction is stopped?
   Not generally. Acceptance of partial payment may not waive the right to evict for the balance owed.
4. How much notice does my landlord have to give before starting an eviction?
   Usually, your landlord must provide a 5-day written notice to vacate before filing in court.
5. Where do I get official eviction forms in Louisiana?
   Forms vary by parish. Contact your local district or justice court through the Louisiana Supreme Court website.

Conclusion: What Louisiana Renters Should Remember

• Partial rent payments do not usually prevent eviction proceedings in Louisiana.
• Always communicate in writing and keep records of payments and notices.
• Seek help quickly if you receive an eviction notice or court papers.

Being aware of your rights and the correct steps to take can help you better address any rental payment or eviction issue.

Need Help? Resources for Renters

• Louisiana Attorney General: Tenant and Landlord Rights
• Louisiana Supreme Court: Find Your Local Court
• Louisiana Housing Corporation: Rental Assistance Resources
• Toll-Free Rental Assistance Hotline: 1-888-454-2001

---

1. Louisiana Code of Civil Procedure Article 4701 et seq. – Eviction Process
2. Louisiana Attorney General – Tenant and Landlord Rights

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations