Eviction Proceedings

Louisiana law provides a summary proceeding — a streamlined, expedited court process — for landlords to recover possession of leased premises. Justice of the Peace Courts hear these cases within strict timelines, and the entire process from filing to warrant of possession can occur within days rather than weeks.

In This Section

Lease Termination Rights

Grounds

• Nonpayment of Rent
• Lease Violations and Termination

Parties

• Eviction Defenses
• Wrongful Eviction
• Security Deposits

Eviction Appeals

CCP 4731CCP 4734

View Eviction of Tenants and Occupants +

Grounds for Eviction

Eviction requires a lawful ground for the termination of the lease or the right of occupancy. The three most common grounds for eviction in Louisiana are:

1. Expiration of Lease: The lease term has ended (or the month-to-month period has ended) and the landlord has given proper notice to terminate.
2. Non-Payment of Rent: The tenant has failed to pay rent by the due date (and any grace period).
3. Breach of Lease: The tenant has violated a specific condition of the lease (e.g., keeping pets when prohibited, illegal activity, damaging property).

The Summary Proceeding

Eviction is designed as a “Summary Proceeding.” This means it takes precedence over ordinary lawsuits. The sole issue before the court is possession: who has the right to occupy the property right now.

Because the process is so fast, the law requires strict adherence to Due Process:

• Notice: The tenant must be warned (Notice to Vacate).
• Hearing: The tenant must have a chance to be heard in court (Rule to Show Cause).
• Judgment: A judge must decide the case based on evidence.

Jurisdiction

Justice of the Peace Courts have eviction jurisdiction based on the type of lease:

Residential Properties: JPs have jurisdiction over eviction of residential tenants and occupants regardless of the rent amount. The only requirement is that the premises be located within the ward where the JP serves.

Commercial and Farm Leases: JPs have jurisdiction when the monthly rent does not exceed $5,000 and the premises are located within the ward.

An occupant who remains after their right to occupy has ended — such as a guest who overstays their welcome or a family member who refuses to leave — may be evicted through the same process, even without a formal lease.

CCP 4912

Money Judgments vs. Possession

An eviction suit is strictly for possession of the property. It does not automatically include a judgment for past due rent or damages.

• Possession Only: The eviction judgment orders the tenant to vacate.
• Separate Suit for Rent: To recover past due rent or damages, the landlord must file a separate Ordinary Civil Suit.
• Combined Hearing: The court may hear both the eviction and the suit for rent on the same day, but they remain separate legal actions with different procedural rules (e.g., the suit for rent requires 10 days for the defendant to answer, while eviction does not).

Note: A landlord cannot obtain a money judgment in a summary eviction proceeding.

Appeals from Eviction Judgments

An appeal from an eviction judgment does not suspend execution unless both of the following conditions are met:

1. The tenant answered the rule under oath, pleading an affirmative defense entitling them to retain possession; AND
2. The appeal was applied for and the appeal bond filed within twenty-four hours after judgment

If these conditions are not met, the landlord may proceed with the warrant of possession even while the appeal is pending.

When a suspensive appeal is properly filed, the case is transferred to district court for a trial de novo — a completely new trial on the merits.

CCP 4735

For complete details on the eviction appeal process, see Eviction Appeals.