Dealing with a problem tenant can be one of the most stressful situations a property owner can face. Whether it’s due to non-payment of rent, a lease violation, or other issues, the eviction process can seem daunting. 🤔 If you’re a landlord in Louisiana, you’re likely asking one crucial question: “How long is this going to take?”
The good news is that Louisiana has a relatively speedy eviction process, known as a “summary proceeding.” However, every day counts when you’re losing rental income. This guide will walk you through the timeline, step-by-step, so you know what to expect.
The Louisiana Eviction Timeline: A Step-by-Step Breakdown 📊
The total time can vary, but it’s crucial to follow the legal steps perfectly. A single mistake could send you back to square one.
Step 1: The Notice to Vacate
This is the official start of the eviction process. The timeline here depends entirely on your lease agreement.
- If your lease waives the 5-day notice: You’re in luck! Many Louisiana leases include a clause where the tenant waives their right to a “Notice to Vacate.” If rent is late or another violation occurs, you can proceed directly to filing a lawsuit.
- Timeline: 0 Days
- If your lease requires notice: If there is no waiver clause, you must provide the tenant with a 5-Day Notice to Vacate. ✉️ This written notice formally tells the tenant they have five business days (excluding weekends and holidays) to move out.
- Timeline: 5 Business Days
Pro Tip: This notice must be delivered correctly—either in person to the tenant, or by posting it on the door of the residence if the tenant cannot be located.
Step 2: Filing the “Rule for Possession”
If the tenant hasn’t left after the notice period (or if you have a notice waiver), it’s time to go to court. You will file a “Rule for Possession” (also called a Petition of Eviction) with the appropriate court, typically the local City Court or Justice of the Peace Court. This officially begins the eviction lawsuit.
- Timeline: 1-3 Days
Step 3: Serving the Tenant 🏃♂️
After filing, the court needs to officially notify the tenant of the lawsuit and the court date. This is called “service of process,” and it is a critical legal step. While the sheriff or constable can do this, it often sits in a large queue of other duties.
This is where a professional process server shines. Using a dedicated company like Lafayette Process Servers LLC can significantly speed up your timeline. They ensure the legal documents are delivered promptly and correctly, providing you with a formal “Affidavit of Service” for the court. A mistake in service can get your case thrown out, causing major delays.
- Timeline: 1-5 Days (Often faster with a professional process server)
Step 4: The Court Hearing 👨⚖️
Louisiana’s summary proceeding lives up to its name. The court hearing is typically scheduled very quickly after filing. At the hearing, both you and the tenant will have a chance to present your case to the judge. If you have your documentation in order (lease, proof of non-payment, copy of the notice), the judge will likely issue a Judgment of Eviction.
- Timeline: Hearing is usually set 7-10 days after filing
Step 5: The Final 24 Hours ⏰
Once you have the Judgment of Eviction, the tenant is legally ordered to move out. A constable or sheriff must post a notice on the tenant’s door, giving them 24 hours to vacate the property.
- Timeline: 24 Hours
Step 6: Physical Removal (Warrant for Possession)
If the tenant still refuses to leave after the 24-hour notice expires, you can’t just change the locks. You must return to the court and request a “Warrant for Possession.” This authorizes a constable or sheriff to physically remove the tenant and their belongings from your property. 👮♂️🚚
- Timeline: 1-3 Days to schedule the constable/sheriff
Total Estimated Timeline: So, How Long Does It Really Take?
- Best-Case Scenario (with a notice waiver): Approximately 10 to 15 days.
- Standard Scenario (with a 5-Day Notice): Approximately 15 to 25 days.
These timelines assume everything goes smoothly. If a tenant contests the eviction or if there are court backlogs, it could take longer.
Why You Should ALWAYS Use a Professional Process Server ✅
Skipping a professional process server to save a few dollars is one of the costliest mistakes a landlord can make.
With Lafayette Process Servers LLC, you get:
- Speed: They are dedicated to serving documents, ensuring your case keeps moving without delay.
- Legal Compliance: They understand the precise rules of service in Louisiana, protecting you from having your case dismissed on a technicality.
- Peace of Mind: They handle the potentially difficult task of delivering eviction papers, so you don’t have to.
Don’t let a simple procedural error derail your eviction. For reliable and swift service in Lafayette and across Acadiana, trust the experts at Lafayette Process Servers LLC.
⚠️ Disclaimer
The information in this article is for general informational purposes only and does not constitute legal advice. Eviction laws are complex and subject to change. It is essential to consult with a qualified Louisiana attorney for advice tailored to your specific situation to ensure you are in full compliance with the law.
📚 Sources & Further Reading
- Louisiana Code of Civil Procedure Arts. 4701-4735 (Eviction of Tenants and Occupants): The official state laws governing the eviction process. Link to Louisiana Legislature
- LouisianaLawHelp.org: A non-profit resource for legal information regarding landlord-tenant issues in Louisiana. Link to LouisianaLawHelp.org
- Sample Louisiana Eviction Notice to Quit Form: An example of the 5-Day Notice to Vacate form. Link to PDF Form
- Louisiana State Bar Association – Eviction Information: A resource from the LSBA providing an overview and guidance on the eviction process. Link to LSBA Document
- What Does an Eviction Notice Mean in Louisiana? A Guide from Lafayette Process Servers LLC
