Nonpayment of Rent
Nonpayment of rent is the most common ground for eviction in Louisiana. When a tenant fails to pay, the landlord has two separate legal remedies: eviction to recover possession of the property, and a civil suit to recover the unpaid rent. These are distinct proceedings — eviction is a summary action that cannot include a money judgment.
When Rent Is Due
Section titled “When Rent Is Due”Rent is due at the time agreed upon in the lease. If no time is specified, Louisiana law provides that rent is due at the beginning of each month for monthly leases, or at the beginning of each rental period for other arrangements.
A tenant who fails to pay rent when due is in default. The landlord need not wait for any grace period unless the lease specifically provides one — grace periods are a matter of contract, not law.
Notice Requirements
Section titled “Notice Requirements”Before filing an eviction for nonpayment, a landlord must deliver a written notice to vacate giving the tenant at least five days to leave the premises. The notice should clearly state that the tenant’s right to occupy has ended due to nonpayment of rent.
Waiver in the Lease
Section titled “Waiver in the Lease”Many Louisiana leases include a waiver of the five-day notice requirement. When the lease contains such a waiver, the landlord may file eviction proceedings immediately upon default, without waiting for any notice period.
Form of Notice
Section titled “Form of Notice”The notice to vacate may be delivered personally, by certified mail, or by posting on the door if the tenant cannot be found. Proof of delivery may become an issue at trial.
The Partial Payment
Section titled “The Partial Payment”Accepting partial rent after serving notice to vacate can undermine an eviction case. Louisiana courts have held that acceptance of rent may constitute a waiver of the landlord’s right to evict, creating a new rental period via reconduction.
Protecting the Eviction
Section titled “Protecting the Eviction”To avoid this problem, landlords who accept partial payment after notice should:
- Provide written acknowledgment that the payment is accepted without waiving the eviction
- Apply the payment to the oldest outstanding debt first
- Continue with the eviction proceeding
Accepting partial payment after notice has been served and the eviction filed may affect the landlord’s right to proceed with eviction.
Filing the Eviction
Section titled “Filing the Eviction”The eviction process follows the standard procedure: the landlord files a petition, the court issues a rule to show cause, the constable serves the tenant, and the court holds a hearing at least three days after service.
At trial, the landlord must prove:
- A valid lease or right to possession existed
- Rent was due under the terms of the lease
- The tenant failed to pay when due
- Proper notice to vacate was given (unless waived)
The tenant may raise defenses such as improper notice, payment made before the petition was filed, or habitability issues that justify withholding rent.
For the complete eviction procedure, see Eviction Proceedings.
Recovering Past-Due Rent
Section titled “Recovering Past-Due Rent”An eviction judgment orders the tenant to surrender possession — nothing more. To recover the money owed, the landlord must file a separate civil suit for past-due rent.
Filing the Rent Suit
Section titled “Filing the Rent Suit”The petition should identify:
- The lease agreement
- The months of unpaid rent
- The total amount owed
- Any late fees or other charges permitted by the lease
The suit may also request legal interest from the date each payment was due, court costs, and attorney fees if the lease provides for them.
Jurisdiction
Section titled “Jurisdiction”Justice of the Peace Courts have jurisdiction over rent claims when the total amount in dispute does not exceed $5,000. For larger amounts, the case must be filed in district court.
Landlord’s Privilege
Section titled “Landlord’s Privilege”Louisiana law grants landlords a privilege — a type of security interest — over the tenant’s non-exempt movable property located on the leased premises. This privilege secures unpaid rent and other charges due under the lease.
What Property Is Covered
Section titled “What Property Is Covered”The privilege attaches to the tenant’s furniture, equipment, and other movable property brought onto the leased premises. It does not extend to property that is exempt from seizure under Louisiana law.
Duration of the Privilege
Section titled “Duration of the Privilege”The privilege continues as long as the property remains on the premises. If the tenant removes property to avoid the landlord’s claim, the landlord may pursue the property for fifteen days after removal.
Sequestration
Section titled “Sequestration”If a landlord fears the tenant will remove or hide property before a judgment can be obtained, the landlord may request sequestration — a court order directing the constable to seize the property and hold it pending the outcome of the rent suit.
For complete procedural details, see Writ of Sequestration.
Landlord’s Advantage
Section titled “Landlord’s Advantage”Unlike most plaintiffs seeking sequestration, a landlord enforcing the lessor’s privilege does not have to post a bond. This significant advantage allows landlords to secure property immediately without putting up security.
Process
Section titled “Process”The landlord files a petition for sequestration showing:
- A valid lease exists
- Rent is owed
- The tenant has movable property on the premises subject to the privilege
- There is good reason to believe the tenant may remove the property
If the court grants the writ, the constable seizes the property and holds it until the case is decided. The tenant may regain the property by posting bond or paying the claimed amount.
After Judgment
Section titled “After Judgment”Once the landlord obtains a money judgment for past-due rent, collection follows the same procedures as any civil judgment:
- Judgment debtor examination — Question the tenant under oath about assets
- Writ of fieri facias — Seize and sell non-exempt property
- Garnishment — Seize wages or bank accounts
The landlord’s privilege gives priority over most other creditors for property seized from the leased premises.
For detailed information on judgment collection, see Judgments and Garnishment.
Timeline Summary
Section titled “Timeline Summary”| Action | Timeframe |
|---|---|
| Notice to vacate | At least 5 days (unless waived) |
| Rule to show cause hearing | At least 3 days after service |
| Compliance with eviction judgment | 24 hours |
| Pursue removed property | 15 days after removal |
Key Points for Landlords
Section titled “Key Points for Landlords”- Eviction and rent recovery are separate proceedings
- Accepting partial payment may waive eviction rights
- Sequestration can secure property without bond
- The landlord’s privilege gives priority over other creditors
Key Points for Tenants
Section titled “Key Points for Tenants”- Nonpayment of rent is grounds for immediate eviction if notice is waived
- A tenant may be liable for rent even after eviction
- Tenant property on the premises may be seized under the landlord’s privilege
- Tenants have the right to a hearing before eviction
Related Topics
Section titled “Related Topics”- Eviction Proceedings — The complete eviction process
- Security Deposits — Deposit rules and disputes
- Judgments — Collecting money judgments
- Garnishment — Wage and bank garnishment