When a tenant stops paying rent or violates their lease, your first question is likely, “How fast can I get my property back?” While every landlord wants a quick resolution, it’s important to remember that eviction is a legal process with steps and timelines dictated by Louisiana law.
Understanding this timeline can help you set realistic expectations. Here’s a step-by-step breakdown. ⏳
The Louisiana Eviction Timeline Breakdown
The eviction process is divided into several distinct stages, each with its own time frame.
1. Notice to Vacate: 5 Business Days 📜
Unless your lease includes a “waiver of notice” clause, you must start by giving your tenant a 5-Day Notice to Vacate. This written notice formally tells the tenant they have five business days to move out. The clock doesn’t start until the notice is delivered.
✍️ Pro-Tip: You can download a Louisiana Eviction Notice to Quit Form here to ensure you’re using the correct format.
2. Filing & Service: 3 to 7 Days 🎯
If the tenant doesn’t leave after five days, you’ll file a Rule for Possession (or Petition for Eviction) with the local court. The court then sets a hearing date. After that, you must have the tenant legally served with the court papers. To prevent delays and ensure it’s done right, hiring a professional process server is key. Lafayette Process Servers LLC specializes in serving these eviction notices quickly and in full compliance with Louisiana law.
3. Court Hearing: 7 to 10 Days Later ⚖️
The court hearing is usually scheduled quickly, often within 7 to 10 days after you file the petition. If the tenant doesn’t show up or you prove your case, the judge will issue a Judgment of Eviction, ordering the tenant to leave.
4. Writ of Possession & Removal: 1 to 3+ Days 👮♂️
After you win the judgment, the tenant has 24 hours to vacate the property from the time the judgment is signed. If they still don’t leave, the court issues a Writ of Possession. This document authorizes the constable or sheriff to physically remove the tenant. The constable will post a final 24-hour notice on the door. After that period expires, they will execute the removal based on their schedule.
Total Estimated Timeline
- Best-Case Scenario (Uncontested): 2 to 3 weeks. This assumes the tenant doesn’t fight the eviction, and the court and constable schedules are open.
- Average Scenario: 3 to 5 weeks. This is a more realistic estimate that accounts for typical scheduling and minor delays.
What Can Delay an Eviction?
Several factors can extend the eviction timeline:
- Improper Notice or Service: Mistakes in the initial notice or in how you serve the court papers can get your case dismissed, forcing you to start over.
- Tenant Contests the Eviction: If the tenant answers the lawsuit or shows up to court with a defense, the judge may schedule another hearing, adding weeks to the process.
- Court or Constable Backlogs: Busy court dockets or a backed-up constable’s office can add significant delays.
Need to Serve an Eviction Notice Fast?
To keep your eviction timeline on track, the service of your court documents must be handled perfectly. Don’t risk delays due to improper service.
📞 Contact Lafayette Process Servers LLC today!
Sources & Helpful Links
- Louisiana Code of Civil Procedure (Eviction Rules): https://www.legis.la.gov/legis/Law.aspx?p=y&d=113941
- Southeast Louisiana Legal Services (Landlord/Tenant Law Info): https://slls.org/get-help/housing/
- Louisiana State Bar Association (Pro Bono Eviction Resources): https://www.lsba.org/documents/Members/PandemicProBonoEvictions.pdf
- Eviction Notice Louisiana Form
Disclaimer: This article provides general information and is not legal advice. Eviction laws and timelines can be complex and are subject to change. You should consult with a qualified attorney in Louisiana for guidance on your specific situation.
