How to evict a tenant in Louisiana: notice to vacate, rule and warrant
Louisiana evictions run on the Code of Civil Procedure, Title XI. You deliver a written notice to vacate that gives at least five days, then ask the court for a rule to show cause. The rule is tried no sooner than the third day after service, a judgment of eviction is entered right away, and if the tenant has not left within 24 hours the court issues a warrant that the sheriff, constable or marshal executes with two witnesses.
What is the notice to vacate in Louisiana?
Article 4701 of the Louisiana Code of Civil Procedure applies when a lessee's right to occupy has ended, whether by expiration of the term, the lessor's action, nonpayment of rent or any other reason. The lessor or an agent must cause a written notice to vacate to be delivered to the lessee, and it must allow not less than five days from delivery. If the lease has no definite term, the notice the law requires to end it counts as the notice to vacate. If it has a definite term, the notice to vacate may be given no more than thirty days before the term expires.
The article also lets a lessee waive the notice in a written waiver contained in the lease. In that case the lessor may start eviction proceedings immediately once the right of occupancy ends. Look for that clause before you send a separate notice, and keep the lease with your file. Article 4702 gives an occupant who is not a tenant the same five days after the purpose of the occupancy has ended.
If the premises are abandoned or closed, or the tenant's whereabouts are unknown, article 4703 allows every notice, pleading and order to be attached to a door of the premises, with the same effect as personal delivery.
How does the rule to show cause work?
If the lessee does not comply with the notice, or has waived it, and has lost the right to occupy, article 4731(A) allows the lessor, owner or agent to have the lessee cited summarily to show cause why possession should not be delivered. The rule must state the grounds for eviction. The court makes the rule returnable not earlier than the third day after service, tries it that day and hears any defense (art. 4732).
If the court finds you entitled to relief, or the tenant fails to answer or appear, it renders a judgment of eviction immediately, ordering the tenant to deliver possession. That judgment is effective for not less than ninety days.
What happens after judgment?
If the lessee or occupant has not complied within twenty-four hours after the judgment is rendered, the court issues a warrant at once to its sheriff, constable or marshal to deliver possession (art. 4733). The officer executes it in the presence of two witnesses by clearing the premises of property, and if doors, windows or gates are locked or barred, the officer may break them open when necessary to enter (art. 4734).
An appeal does not suspend execution unless the defendant answered the rule under oath, pleading an affirmative defense that would entitle the defendant to keep possession, and applied for the appeal and filed the appeal bond within twenty-four hours of the judgment. The court sets the bond amount high enough to protect the appellee against damage from the appeal (art. 4735).
Example a made-up landlord delivers a written notice to vacate on Monday, November 2, 2026, so the earliest vacate date is Saturday, November 7. The tenant stays, and the rule is served on Tuesday, November 10. Trial cannot be earlier than the third day after service, Friday, November 13. If judgment is rendered that day and the tenant is still there 24 hours later, the court issues the warrant on Saturday, November 14 or the next day it is open.
Can you take back a unit you believe is abandoned?
Article 4731(B) says that once the required notice has been given, the lessor may lawfully take possession without further judicial process on a reasonable belief that the lessee abandoned the premises. Signs listed in the article are ending business or residential occupancy, returning keys and removing furnishings or movables. For residential tenants there is a safeguard: in parishes under a federal disaster declaration, simply not living in the unit is not treated as abandonment for thirty days after the initial declaration. A residential lessee can also recover five hundred dollars or twice the monthly rent, whichever is greater, if the lessor fails to comply with the article, and may seek a restraining order or injunction, with costs and attorney fees available to the prevailing party.
- Giving a notice that allows fewer than five days from delivery.
- Sending a termination notice for a definite-term lease more than thirty days before the term ends.
- Treating missing furniture or a quiet unit as abandonment right after a federal disaster declaration.
- Counting the vacate period from the day you wrote the notice instead of the day it was delivered.
Where does DoorKeeping fit?
DoorKeeping keeps each property's lease, rent ledger and the notices you send together, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. Check the current statute and your court's local rules, and talk to a local attorney if the case is contested.
Sources
Questions
- How many days is a Louisiana notice to vacate?
- Not less than five days from the date of delivery (CCP art. 4701).
- How soon is the Louisiana eviction trial?
- The rule to show cause is returnable not earlier than the third day after service (CCP art. 4732).
- Does an appeal stop a Louisiana eviction?
- Only if the defendant answered under oath with an affirmative defense and filed the appeal bond within 24 hours of judgment (CCP art. 4735).