Louisiana Petition of Eviction
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After serving the Tenant proper notice, the Landlord may file a "Petition of Eviction" in the city, town or locality of where the rental property is located.
Document Last Modified: 7/10/2023
File a petition for eviction including the name of the tenant and the premises address with the appropriate court. If more than one tenant is on the lease, all parties must be served. File a copy of the lease with the petition.
If you have served your tenant with a prior notice of your intent to evict (a 10-day notice to vacate, for instance), the next step in the process if the tenant refuses to leave is to file the Louisiana petition of eviction. It must be filed in the city, town or locality where the property located. You’ll need to contact the court to determine the amount of filing fees.
Who: This form is for your use (the landlord). It does not need to be served to the tenant. Once downloaded, printed and completed, you will need to file it with the appropriate court (in the area where the rental property is located).
What: This is the next step in the eviction process if your tenant has failed to vacate the property after initially being notified. Because this is a legal petition in which you (the landlord) urge the court to allow the eviction process to proceed, it’s important that you include some specific information.
The following must appear in the petition:
- The type of rental agreement (written lease, written agreement, verbal agreement)
- The type of violation (nonpayment of rent, property damage, other)
- If you marked “other”, you’ll need to explain that violation
- Your fulfillment of eviction laws (mark the section that applies) –
- You have a waver of 5-day notice to vacate included in the rental agreement
- You have a copy of the rental agreement attached with the petition
- You’ve provided the tenant with a notice to vacate (hand delivered, mailed with certified receipt, posted on the door)
- A copy is attached to the petition
- The date of filing
- Your signature
When: This petition can only be filed after the waiting period specified in the notice you delivered to your tenant ends. For instance, if you delivered a 10-day notice to your tenant, you cannot file this petition until the 11th following business day (weekends and holidays are not counted).
- Sample Louisiana Lease Agreement
- Louisiana’s Law Summary
- Further Reading: Move Out & Eviction Articles
Tips and Tricks for Landlords:
Make sure that you file the petition in the correct area. It should be filed with the court in the area where the rental property is located, not necessarily the one where you (the landlord) live.
Louisiana Rental Forms and Templates
Louisiana Landlords need rental forms for the entire Landlord Lifecycle.
That’s why we have over 450 forms, including state-specific forms, for Landlords to use!
- Rental Application: Use our Free Rental Application to start the screening process and to ensure you only rent to qualified Applicants. View a sample Rental Application here.
- Tenant Welcome Letter: Customize a Welcome Letter to provide new Tenants with everything they need to know about their new home.
- Move-In/Move-Out Walkthrough Checklist: Use this walkthrough checklist to document property condition at move-in and move-out. This is a must if you collect a security deposit
- Rent Ledger: Our user-friendly rent ledger makes it EZ for Landlords to keep track of rent payments and to document any missed payments.
- Louisiana 5-Day Notice to Vacate for Nonpayment of Rent: This form should be used when a Tenant is late on rent beyond the grace period, as provided in the Lease Agreement
- Louisiana 5-Day Notice to Vacate: This notice should be used for a Lease violation other than non-payment of rent.
- Louisiana 10-Day Notice to Vacate: This notice is required if there’s a month-to-month Lease Agreement or if there’s no written Lease Agreement.
- Louisiana Petition for Eviction: After serving proper notice, a Louisiana Landlord may file this petition in the city, town, or locality where the rental unit is located
- Guide to Louisiana Landlord and Tenant Laws: This resource outlines Louisiana Lease laws and provides a good overview of Landlord and Tenant rights.
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