Skip to content

Being Evicted

La. C.C.P. art. 4701 — a written notice giving at least 5 days to leave, a hearing no sooner than the third day, then 24 hours

When rent is not paid, the lessor may dissolve the lease and regain possession in the manner provided by law. That manner starts with a written notice to vacate, delivered to the tenant, allowing not less than 5 days from delivery to leave.

Email

The notice can be waived in the lease. A tenant may waive the notice to vacate in a written clause of the lease. Once the right of occupancy ends, the lessor can then go straight to court.

  • If the tenant does not leave, the lessor files a rule to show cause, stating the grounds for eviction.
  • The hearing is set no earlier than the third day after service, and the court hears any defense.
  • If the lessor wins, or the tenant does not appear, a judgment of eviction issues at once, effective for not less than 90 days.
  • If the tenant has not left within 24 hours of the judgment, the court issues a warrant for the sheriff, constable or marshal to deliver possession.
  • La. C.C.P. art. 4731
  • La. C.C.P. art. 4732
  • La. C.C.P. art. 4733

An appeal stops the eviction only if the tenant answered the rule under oath with an affirmative defense, and applied for the appeal and filed the bond within 24 hours after the judgment. Applying for or receiving rent assistance is not payment of rent and is no defense to an eviction.

A particular eviction is a question for a licensed Louisiana attorney or a legal aid office, and the timeline is short.

Sources for this section (7)
  1. La. C.C.P. art. 4701 — Termination of lease; notice to vacate; waiver of notice
  2. La. C.C.P. art. 4731 — Rule to show cause why possession should not be delivered; abandonment of premises; federally declared disasters
  3. La. C.C.P. art. 4732 — Trial of rule; judgment of eviction
  4. La. C.C.P. art. 4733 — Warrant for possession if judgment of eviction not complied with
  5. La. C.C.P. art. 4735 — Appeal; bond
  6. La. C.C. art. 2704 — Nonpayment of rent
  7. La. R.S. 9:3259.2 — Application for or receipt of government funds not a defense to action to evict

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.

On the clock

4 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

Every deadline in the file →

From here

Walked through

This section is the long version of a step in 2 walkthroughs. Each one takes the same law one decision at a time, with both sides of the moment written out.