[LA] Do you have to file an eviction in court after a 10-day notice expires for a month-to-month tenant?

LA Landlord-Tenant

Liz

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The landlord must wait until the notice period expires before filing the eviction lawsuit. In Louisiana, the eviction process is governed by state law, which requires landlords to follow specific procedures to legally remove a tenant. After providing a notice to vacate, if the tenant does not leave, the landlord must file an eviction lawsuit in the appropriate court. This is known as a "Rule for Possession." The court will then schedule a hearing, and if the landlord prevails, the court will issue a judgment for possession, allowing the landlord to request a "Writ of Possession" to have the tenant removed by the sheriff.

The tenant's refusal to leave without a court order is consistent with their rights under Louisiana law, which protects tenants from unlawful evictions.

Here's what you'll need to do to file for eviction in Louisiana: Even though there's no current lease, you would bring any documentation you have that shows the tenant's occupancy and the terms of the month-to-month arrangement. This could include:

The expired lease agreement.
Any written communication about the month-to-month terms.
Proof of unpaid rent or late fees.
A copy of the 10-day notice you provided. (LA Code Civ Pro Art. 4701)

Go to your local parish court to file a "Rule for Possession." You'll need to fill out the necessary forms, which the court can provide.

There will be a filing fee, so be prepared for that expense. Once filed, the court will schedule a hearing. Be sure to attend and bring all your documentation to present your case.

Louisiana Lease Termination Letter (Notice to Vacate) | 10-Day Notice

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Do I need to file the eviction at the courthouse?

Lexi, Chatbot

I understand that dealing with eviction can be stressful. Have you already given your tenant a notice to vacate?

Yes I did.

Lexi, Chatbot

What specific reasons do you have for wanting to evict your tenant?

Owes late fees that aren’t paid and won’t sign a new lease.

Liz

Hi there! Welcome. My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, have you already given a notice to quit?

I gave a 10 day notice today.

However, she refuses to leave saying it has to be court ordered.

Liz

Can I ask, which state are you in?

Louisiana.

Liz

Thanks for letting me know. If she refuses to leave, Louisiana does require you file a formal eviction through the court. It also though allows you to sue for the fees and rent owed as well.

So when can I file? Do I have to wait the 10 days to file the eviction?

I was saying she’s refusing to leave after the 10 days. So what all will I need to bring to the courthouse to file? There is no lease agreement because the lease expired in October 2025 and has been on month-to-month terms.

Liz

The tenant's refusal to leave without a court order is consistent with their rights under Louisiana law, which protects tenants from unlawful evictions.

The expired lease agreement.
Any written communication about the month-to-month terms.
Proof of unpaid rent or late fees.
A copy of the 10-day notice you provided. (LA Code Civ Pro Art. 4701)

Go to your local parish court to file a "Rule for Possession." You'll need to fill out the necessary forms, which the court can provide.

There will be a filing fee, so be prepared for that expense. Once filed, the court will schedule a hearing. Be sure to attend and bring all your documentation to present your case.

Liz

43,836 satisfied customers

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