Evictions

Eviction Process


When a landlord has a tenant that no longer has a right to occupy the premises, the method to get the tenant to vacate the premises is Eviction. Eviction in City Court is governed by the provisions of LA. C.C.P. 4701 et seq. and Local Rule 22. Anyone planning to file an eviction action in City Court should be familiar with those laws.

In order for a tenant to be evicted from any premises, the tenant must no longer have a right to occupy such premises. This is the basis for any eviction action.
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Termination of a tenant’s right of occupancy can occur in a number of ways. Probably the most common reasons for losing this right of occupancy would be expiration of the term of the lease (Civil Code Article 2720) or the failure to pay rent (Civil Code Articles 2704 & 2013). When either of these events occurs, the landlord is in a position to initiate eviction proceedings.

Non-Fixed Term or Reconducted Leases


When the lease is not for a fixed term or has become a reconducted lease (by permitting the tenant to stay in the premises after the term of a lease has expired), there is a requirement that a ten (10) day notice be given of the termination of the lease. (Civil Code Article 2728 (2)) Once the lease has been terminated by this notice, the landlord is in a position to initiate eviction proceedings. The ten (10) day notice of termination of the lease without a fixed term shall be considered as a notice to vacate. LA. C.C.P. 4701

Notice to Vacate


Prior to filing an eviction action, notice to vacate must be given to the tenant at least five (5) days before the date of filing, unless notice has been waived in the lease. LA. C.C.P. 4702 (The ten (10) day notice of termination of the lease without a fixed term shall be considered as a notice to vacate. LA. C.C.P. 4701) A landlord must make sure they set forth the notice to vacate in their petition or set forth where in the lease the waiver of notice occurs.
Download a sample 5 Day Notice to Vacate

Computation of Time


In computing the five (5) day delay, the day after delivering notice is counted as day one. Weekend days and holidays are not counted. Five (5) full days must pass after delivering the notice. An eviction petition may be filed on the sixth day.

Petition for Eviction


Evictions are initiated by filing a Petition for Eviction with the court. (LA. C.C.P. 4731 & Local Rule 22) The court has prepared a sample form which may be used in filing an eviction. The court also has an “information sheet” with information the court needs to process the eviction. This should be submitted with each eviction petition. Of course the landlord can prepare their own form as long as it complies with the requirements of the law. The fee for filing a petition for eviction is $86.00, with an additional $30 being charged for each defendant over one.
Download a sample Petition for Eviction
Download the Eviction Information Sheet

Rule to Show Cause


Upon filing of the petition, a rule to show cause why possession should not be delivered to the landlord will be issued to and served upon the tenant. LA. C.C.P. 4731 The date set for trial of this rule to show cause must be set at least three (3) days after service of the rule. LA.C.C.P. 4732 A If the tenant has abandoned the premises or his whereabouts are unknown, the rule to show cause may be tacked on the door of the premises, and this will be equivalent to personal service. LA. C.C.P. 4703

Trial


At the trial of the rule to show cause, both the landlord and the tenant may present any evidence they have supporting their position. If the tenant fails to answer or appear, or if the court finds the landlord entitled to relief, a judgment of eviction shall be rendered. LA. C.C.P. 4732

Warrant for Possession


If the tenant does not comply with the judgment of eviction by 5:00 PM on the first non-weekend or non-holiday day following the rendering of the judgment of eviction, the court shall issue a warrant of possession directing the marshal to deliver possession of the premises. LA. C.C.P. 4733 & Local Rule 22 (2) The fee for getting a warrant of possession is $10.00.
Upon issuance of the warrant of possession, the marshal will contact the landlord and set up a time to go to the premises. It is to be remembered that it is the obligation of the landlord, not the marshal, to move any items out of the premises or to have someone available to do so.

Voluntary Dismissal of an Eviction Proceeding


If a landlord wishes to voluntarily dismiss a pending eviction action, the request for dismissal must be made in open court or in a written document filed with the court.

CDC Eviction Moratorium
Please be advised that The Centers for Disease Control and Prevention (CDC) has announced the issuance
of an Order under Section 361 of the Public Health Service Act to temporarily halt residential evictions to prevent
the further spread of COVID-19. Under the CDC Order, a landlord, owner of a residential property, or other
person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any
residential property during the effective period of the Order. The CDC Order is effective September 4,
2020 through June 30th, 2021.
This memo is provided to you by the court for informational purposes only. Under no circumstance should
it be construed as a legal determination by the court of the legal effects of the Order. The Judges cannot provide
you legal advice. You should consult legal services or your private attorney. If you have questions concerning
civil matters and you cannot afford an attorney, you should contact the Acadiana Legal Services’ office at (800)
256-1175.
• THE EVICTION MORATORIUM IS NOT AUTOMATIC. To be covered by the CDC’s order YOU must provide
a completed copy of the attached declaration to your landlord, owner of the residential property where
you live, or other person who has a right to have you evicted or removed from where you live. Each
adult listed on the lease, rental agreement, or housing contract should complete a declaration form.
• IF YOU DO NOT COMPLETE THE FORM AND PROVIDE A COPY TO YOUR LANDLORD/OWNER, YOU WILL
NOT BE CONSIDERED COVERED BY THE EVICTION MORATORIUM. If an eviction proceeding has been
filed, a copy of the declaration should also be filed with the court.
• THE FORM MUST BE COMPLETED TRUTHFULLY HOWEVER COMPLETION OF THE DECLARATION DOES
NOT GUARANTEE THAT YOU CANNOT BE EVICTED. The declaration is sworn testimony, meaning that
you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit important information. At any
eviction hearing, the Judges will be inquiring from each litigant, under oath and threat of perjury, about
each response provided in the declaration.
• RENT MUST STILL BE PAID: The CDC Order does not relieve you of any obligation to pay rent, make a
housing payment, or comply with any other obligation that you may have under a tenancy, lease, or
similar contract. Nothing in this Order precludes the charging or collecting of fees, penalties, or interest
as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any
applicable contract.
• YOU STILL CAN BE EVICTED FOR REASONS OTHER THAN NOT PAYING RENT OR MAKING A HOUSING
PAYMENT. Nothing in the CDC Order precludes evictions based on a tenant, lessee, or resident: (1)
engaging in criminal activity while on the premises; (2) threatening the health or safety of other
residents; (3) damaging or posing an immediate and significant risk of damage to property; (4) violating
any applicable building code, health ordinance, or similar regulation relating to health and safety; or (5)
violating any other contractual obligation, other than the timely payment of rent or similar housing related payment (including non-payment or late payment of fees, penalties, or interest).

Click here to download the CDC Declaration Form