Many landlords and tenants are confused about the “24-hour eviction notice” in Louisiana. Therefore, it’s crucial to understand that this notice is the last step in a long legal process, not the first. 🛎️
This isn’t a note you can write and tape to the door to start an eviction. Rather, it’s a formal, court-ordered notice that law enforcement posts to give a tenant one final day to leave before they are forcibly removed.
This guide explains what the 24-hour notice is, how you get to this stage, and what it means for both landlords and tenants.
What is the 24-Hour Notice?
Essentially, the 24-hour notice serves as the official notification from a constable or sheriff’s office that they are about to execute a Writ of Possession. To clarify, a court issues a Writ of Possession to grant a landlord legal possession of their property.
- Who Posts It? A uniformed constable or sheriff’s deputy posts the notice. 👮♂️
- What Does It Say? It informs the tenant that they have 24 hours to vacate the premises with their belongings.
- What Does It Mean? In short, after the 24-hour period expires, law enforcement has the legal authority to return and physically remove the tenant and their possessions from the property.
How Do You Get to the 24-Hour Notice Stage?
You can’t just request a 24-hour notice. In fact, it’s the final link in a mandatory legal chain of events. ⛓️
- Start with the Correct Notice: First, the process must begin with a 5-Day Notice to Vacate. This is the document you provide to the tenant at the very beginning. ✍️ Pro-Tip: You can download a Louisiana Eviction Notice to Quit Form here to ensure you’re using the correct format.
- Win in Court: Next, you must file a Rule for Possession (eviction lawsuit) and have a judge rule in your favor.
- Get a Judgment of Eviction: After that, the judge must sign a formal judgment that orders the tenant’s eviction. In Louisiana, the tenant typically has 24 hours from the signing of the judgment to move out.
- Request a Writ of Possession: Subsequently, if the tenant still doesn’t leave, you must go back to the court clerk and request a Writ of Possession. This document officially commands law enforcement to remove the tenant.
- Law Enforcement Acts: Finally, the clerk gives the Writ to the constable or sheriff, who then goes to the property and posts the 24-hour notice.
What Landlords CANNOT Do ❌
This is the most critical part to understand. For instance, even after winning in court, a landlord cannot perform a “self-help” eviction. The law legally prohibits you from:
- Posting your own 24-hour notice.
- Changing the locks on the property.
- Turning off the utilities.
- Physically removing the tenant yourself.
- Touching or moving the tenant’s belongings.
Only the constable or sheriff has the authority to remove a tenant after the court process is complete. Consequently, attempting to do it yourself can lead to serious legal penalties.
Ensure Your Eviction Stays on Track
Ultimately, reaching the 24-hour notice stage depends on a legally sound eviction process from the very beginning. For example, one of the most common reasons a judge will delay or dismiss a case is improper service of process for the initial lawsuit.
To ensure you properly notify your tenant of the court date, trust the experts. Lafayette Process Servers LLC handles the critical step of serving your Rule for Possession, providing the legal proof you need to proceed with confidence.
📞 Don’t let a service mistake derail your case. Call Lafayette Process Servers LLC at (337) 254-2728 today!
Sources & Helpful Links
- Louisiana Code of Civil Procedure Art. 4733 (Execution of Eviction Judgment): https://www.legis.la.gov/legis/Law.aspx?d=113949
- Southeast Louisiana Legal Services (Landlord/Tenant Info): https://slls.org/get-help/housing/
- Louisiana State Bar Association (Pro Bono Eviction Resources): https://www.lsba.org/documents/Members/PandemicProBonoEvictions.pdf
- A Landlord’s Guide to the 5-Day Notice to Vacate in Baton Rouge
Disclaimer: This article provides general information and is not legal advice. The eviction process is strictly regulated by law. You should consult with a qualified attorney in Louisiana for guidance on your specific situation.
