verbal notice to vacate. While no eviction can happen without a court's ruling, the eviction laws lean heavily in the landlord's favor. Therefore, knowing your rights as a tenant is your best protection if you face eviction.

When you think of Louisiana, you think of good food, good times, and good people. The cost of living in the Pelican State is about

10% less

than in the rest of the country. Still, due to challenging economic changes and a decreased job market, the cost of rent has risen faster than what most tenants can keep up with.

After receiving an eviction notice, it can be hard to know where to turn to for help. That is why

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Louisiana eviction 101: the three ways you can be evicted

Landlords can only evict a tenant mid-term for a

legal cause

in Louisiana. However, the cause a landlord can site is much broader than in other states. Evictions fall into three categories:

Non-payment:

Rent is considered late one day after the due date

Lease violation:

A violation can be something serious like illegal activity, to nuisance complaints, or even more simple violations like not mowing the grass if that is what you agreed to in your lease

Owner possession:

If the owner wants to take over the property themselves or have someone else move in, they need to wait until the lease is up

No matter the reason for eviction, they all start with the same form, the

Notice to Vacate

(sometimes referred to as Notice to Quit). Most vacate notices are

written 5-day notices,

but if the lease has a

waiver to notice

, the landlord can inform the tenant

verbally

If the tenant remains in the home after the Notice to Vacate the landlord will file for a

Rule for Possession (Rule to Evict).

A third party must deliver the Rule for Possession, usually by a sheriff, and it may be handed to someone at the residence or posted on the door.

If the rental is on the Eastbank, (Orleans Parish, Jefferson Parish, or St. Bernard Parish) tenants will also get a copy in the mail. The notice will include the

date

time

location of the trial

, and

reason

for eviction.

Key Takeaway
In Louisiana, landlords can evict tenants mid-term for any activity that violates an agreement in the lease. If they don't have a legal cause for eviction, they must wait until the lease is up and non-renew it.

MORE:

Louisiana car insurance laws—all you need to know

A timeline of eviction in Louisiana

So you received a Notice to Vacation and you know you can't leave in the next five days...

now what?

Depending on the eviction, you may only have

10 days

before the sheriff is at your door. The average eviction procedure in Louisiana

can take up to 40 days

Here is what the timeline can look like:

Step	How long it typically takes	What to expect
Written notice from landlord	5-30 days depending on the notice	This notice can be delivered as soon as the rent is late and it states the date the tenant needs to move out.
Rule for Possession	Two 2 days before the court hearing can be scheduled	This notice can be delivered to the tenant or posted on the door. In some parishes, a copy will also be mailed.
Tenant response	Before the trial date	If the tenant does not respond, the judge sides in favor of the landlord.
Hearing	No sooner than three days	The judge will hear the case; if the tenant responds and loses, they may have to pay for the landlord's attorney fees and the eviction will be listed on their credit report. Tenants that have moved before the court date will have the eviction waived.
Eviction	Hours to a few days	The Writ of Possession will be issued to the tenant almost immediately and the tenant will have 24 hours to vacate. If they are still on the premise when the time is up, the tenants will be forcibly removed by the sheriff.
Return of Rental Property	24 hours	The guidelines of remaining personal property left by the tenant are not specific. Essentially the property belongs to the landlord and they may put valuable or sentimental items aside for tenants to collect within 30 days. However, they are not legally obligated to do so.

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* checking your rate won’t affect your credit score

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Landlords can not evict tenants on their own by doing things like

shutting off utilities or changing the locks

. Actions like this are called

self-help

evictions and they are

illegal

. Given how much power landlords hold in Louisiana, if a tenant wants to say on their home, they should try to work things out with the landlord as soon as they can.

MORE:

9 things your landlord is not allowed to do

How to resist eviction in Louisiana

Evictions in Louisiana are attached to tenant's credit reports and can hinder future housing opportunities. If you are in this situation and feel that the eviction is justified, you should

move right away

and

still go to court for the hearing.

Advise the judge that you have already moved and they will

waive the eviction

, which will save your credit score.

Here are some tips on how to resist evictions:

Speak to the landlord before the process goes any further:

Since evictions in Louisiana happen so fast, talk to your landlord and try to work something out. Will they let you pay past due rent in installments? Can you fix any violations that they have cited you for?

Find a loophole:

If eviction paperwork wasn't filed correctly or if the landlord broke agreements in the lease, you can use this in court. Once the landlord corrects anything they have missed, the eviction can continue of the landlord's wishes.

Call out discrimination:

If you feel that discrimination has played a role in your eviction, say so in court, as it is illegal in Louisiana. Be sure to keep any documentation or communications that would help prove it.

If you feel that the eviction is unlawful, go to court and fight it. Keep in mind that if you lose, the eviction

will

go on your credit report and you may be

responsible for the landlord's court and attorney fees

MORE:

Can you turn right on red in Louisiana?

How to save money on Louisiana car and renters insurance

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