Filing fees, sheriff costs, attorney fees, and lost rent, under La. R.S. § 9:3251 et seq. (Louisiana Lease Law)
Evicting a tenant in Louisiana can be a complex and costly process. This guide provides a direct, practical overview of the expenses involved for landlords managing 1-20 units. Understanding these costs upfront is crucial for managing your properties effectively and mitigating financial surprises.
Louisiana's posture on landlord-tenant law, particularly concerning evictions, presents unique considerations. Unlike some states with extensive statewide just-cause eviction requirements, Louisiana does not have a statewide just-cause statute. This means landlords generally have more flexibility in certain eviction scenarios, but it doesn't eliminate the need for strict adherence to proper legal procedure and notice periods.
The primary legal framework governing landlord-tenant relations and evictions in Louisiana is found in La. R.S. § 9:3251 et seq., often referred to as the Louisiana Lease Law. This statute dictates everything from notice requirements to the procedures for regaining possession of your property. While parish and municipal ordinances can add layers of regulation, the state statute forms the bedrock of eviction law here. Key regulators include the various parish courts and city courts, which are responsible for hearing eviction cases and enforcing judgments.
For a landlord, the practical bottom line is this: expect to spend money and time. An eviction is not a quick or cheap fix. Missteps can escalate costs and prolong the process significantly. Don't assume an eviction will be resolved in a matter of days; prepare for weeks, if not months, of engagement.
The first set of costs you'll encounter are those associated with proper notice. For non-payment of rent, Louisiana requires a 5-day notice to vacate. This notice must be properly served. For no-cause evictions, typically at the end of a lease term, a 30-day notice is required. While you can serve these notices yourself, using a process server ensures proper documentation of service. Expect to pay anywhere from $40 to $100 for professional process service of a notice to vacate, depending on the parish and urgency.
If the tenant does not vacate after the notice period, you must file an eviction lawsuit (a "Rule for Possession" or "Rule to Evict") in the appropriate court. Filing fees vary by parish and court. For instance, in some city courts, the filing fee for a Rule for Possession might be around $150 to $200. This fee covers the court's administrative costs to initiate your case. You will also need to pay for service of the Rule to Evict by a sheriff or constable, which can add another $50 to $75.
Legal fees will likely be your largest expense. While you can represent yourself in most Louisiana eviction proceedings, it's generally advisable to retain an attorney, especially if the tenant contests the eviction or raises defenses. An attorney can ensure all procedural requirements are met, reducing the risk of costly delays or dismissal. Hourly rates for attorneys specializing in landlord-tenant law in Louisiana typically range from $200 to $400 per hour.
For a straightforward, uncontested eviction, an attorney might charge a flat fee, often in the range of $500 to $1,500, which usually covers drafting and filing the Rule for Possession, attending the initial court hearing, and obtaining a judgment. However, if the case becomes contested, involves multiple court appearances, or requires additional motions, these costs can easily climb into several thousands of dollars. A common landlord mistake is attempting to save on legal fees by handling a complex eviction themselves, only to have the case dismissed due to a technical error, forcing them to restart the entire process and incur even greater costs and lost rent.
Beyond the initial filing and service fees, other court-related costs can arise. If you obtain a judgment for possession and the tenant still refuses to leave, you will need to apply for a "Warrant for Possession" or "Writ of Ejectment." This is the legal document that authorizes the sheriff or constable to physically remove the tenant and their belongings. The fee for issuing and executing this warrant can be another $100 to $250, depending on the parish. This fee covers the sheriff's time and resources involved in the physical eviction.
In addition, if the tenant leaves personal property behind, you may incur costs for storing or disposing of those items, though Louisiana law provides specific procedures for handling abandoned property. Ignoring these procedures can expose you to liability.
The most significant indirect cost of an eviction is lost rental income. Even an expedited eviction takes at least a 15-day period from notice to potential judgment, often much longer. If your tenant stops paying rent and you initiate a 5-day notice, then proceed to court, the entire process can easily span 30-60 days before you regain possession. During this time, you are likely not receiving rent. For a property renting at $1,200 per month, two months of lost rent amounts to $2,400, a substantial sum.
Property damage is another frequent expense. Tenants facing eviction may intentionally damage the property, or simply neglect it. Repair costs can range from a few hundred dollars for minor wear and tear beyond normal use, to thousands for extensive damage requiring professional remediation. While a security deposit is intended to cover such damages, Louisiana has no statutory cap on security deposits, allowing you to collect a reasonable amount. However, the deposit may not always cover the full extent of damages and lost rent.
As of recent legislative sessions, Louisiana has shown a tendency toward maintaining its existing landlord-tenant framework, rather than introducing sweeping changes that significantly alter eviction procedures or create new just-cause requirements statewide. While there are always various bills proposed each session impacting housing, the general approach has been to refine existing statutes rather than overhaul them. Landlords should stay informed about potential changes to notice periods or specific procedural requirements, as even minor adjustments can impact the eviction process. For example, recent discussions have touched upon the clarity of notice requirements for lease termination, though no major overhauls to the fundamental eviction process have been enacted or are pending as of early 2024 that would drastically alter the cost structure described here.
Given these costs, prevention is key. Don't rush tenant screening; do conduct thorough background checks, credit checks, and reference calls. A comprehensive screening process, while an initial investment, significantly reduces the likelihood of future eviction. Don't accept partial rent payments once an eviction notice has been served unless you have a clear, written agreement with your attorney, as this can inadvertently waive your right to evict for that specific instance of non-payment. Do consult with an attorney early in the process if you anticipate a difficult tenant or a complex legal situation.
In summary, a Louisiana eviction for a 1-20 unit landlord can easily cost upwards of $1,000 to $3,000 in direct legal and court fees for a relatively straightforward case, not including the significant costs of lost rent and potential property damage. Prepare for these expenses, understand the legal requirements, and always prioritize proper procedure to avoid compounding your financial burden.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75–$200 | $150–$350 |
| Court filing fee | $170–$300 (La. R.S. § 9:3251 et seq. (Louisiana Lease Law)) | |
| Process server | $75–$200 | |
| Attorney fees | $500–$3,000 | |
| Sheriff / constable lockout | $50–$175 | |
| Lost rent during process | $424–$909 (14–30 days @ $909/mo) | $909–$2,727 (30–90 days) |
| Cleaning, repairs, re-leasing | $800–$2,200 | $1,100–$5,200 |
| Total scenario | $944–$2,884 | $2,129–$9,702 |
Evicting a tenant in Louisiana has specific procedural requirements. Miss them, and you restart the clock, increasing your costs. This guide focuses on Louisiana-specific quirks under La. R.S. § 9:3251 et seq., the Louisiana Lease Law.
Notice Period Strictness: Louisiana requires a 5-day Notice to Vacate for non-payment of rent. This is a calendar day count, but if the fifth day falls on a weekend or legal holiday, the deadline extends to the next business day. Do not serve a 3-day notice; it's insufficient. Similarly, for lease violations other than non-payment, or for month-to-month tenancies you wish to terminate without cause, a 30-day notice is required. This 30-day notice must be served at least 30 days before the end of the current rental period. For example, if rent is due on the 1st, and you serve notice on January 15th, the earliest termination date is February 28th (assuming a 30-day month). If you serve it on February 1st, it terminates March 31st. Timing is critical here.
Just Cause is Not Required Statewide: Louisiana does not have a statewide "just cause" eviction requirement for termination of month-to-month tenancies. This means you can terminate a month-to-month tenancy with proper 30-day notice without stating a reason. However, ensure your reason isn't discriminatory or retaliatory, as those are illegal under federal and state fair housing laws.
Security Deposit Handling: Louisiana has no statutory cap on security deposits. You can charge what the market bears. However, the law requires you to return the deposit within one month of the tenant vacating or provide an itemized statement of deductions. Failure to do so can result in the tenant recovering the full deposit plus damages up to twice the amount wrongfully withheld. Keep meticulous records of property condition before and after tenancy, along with receipts for any repairs. Don't commingle security deposits with operating funds. Keep them in a separate account.
Court Costs Vary by Parish: Eviction costs are not uniform across Louisiana. Clerk of Court filing fees, sheriff's service fees, and writ of possession fees differ. For instance, in Orleans Parish, a standard eviction filing fee might be around $150-$200, plus another $50-$75 for sheriff's service of the rule to show cause. If a writ of possession is required, expect another $75-$100 for service. In a more rural parish like St. Landry, these fees could be slightly lower. Always call the specific Parish Clerk of Court and Sheriff's office for current fee schedules. A common mistake is budgeting based on a neighboring parish's rates.
Common Landlord Mistake: Self-Help Eviction. A frequent trap landlords fall into is attempting self-help eviction. This means changing locks, removing tenant property, or shutting off utilities without a court order. Don't do this. Even if your tenant is months behind on rent, self-help eviction is illegal in Louisiana. You will face significant penalties, including potential damages to the tenant, legal fees, and even criminal charges. The proper procedure is to file a Rule for Possession (eviction lawsuit) in the Justice of the Peace Court or District Court, obtain a judgment, and then have the Sheriff execute a Writ of Possession. Follow the legal process every time.
The "Rule for Possession" Hearing: In Louisiana, the eviction hearing is often called a "Rule for Possession" or "Rule to Show Cause." This is a quick hearing. Be prepared with all documentation: lease agreement, ledger showing non-payment, notice to vacate with proof of service. If you don't have these, your case will likely be dismissed, forcing you to refile and incur additional costs. The judge will typically ask if the tenant has paid or vacated. If not, and you've followed procedure, a judgment for possession is usually granted quickly.
Writ of Possession and Sheriff Involvement: If the tenant does not vacate after the judgment, you must request a Writ of Possession. The Sheriff then serves this writ, giving the tenant a final opportunity to leave (typically 24 hours). If they still don't leave, the Sheriff will return to physically remove the tenant and their belongings. You are responsible for hiring movers and storage for the tenant's property if the Sheriff has to execute the writ. This can add several hundred dollars to your costs, sometimes over $500, depending on the volume of property and mover rates. Plan for this contingency.
Legislative Changes: As of recent legislative sessions, there has been ongoing discussion around tenant rights, particularly regarding habitability and notice periods, though no sweeping changes to eviction procedures have been enacted statewide. Some proposals have touched on extending notice periods for non-renewal or requiring more specific reasons for termination in certain circumstances, but these have not become law. Local ordinances, however, can change. Always check with your local parish or city government for any specific housing ordinances that might affect your eviction process. For example, some cities might have local fair housing ordinances that expand protected classes beyond state and federal law.
Attorney Fees: While you can represent yourself in Justice of the Peace Court, particularly for straightforward non-payment cases, complex evictions, or those involving lease violations beyond non-payment, often benefit from legal counsel. Attorney fees vary widely but expect to pay anywhere from $500 to $1,500 for a standard uncontested eviction process, potentially more if the tenant contests or appeals. Some leases allow for recovery of attorney fees from the tenant, but enforcing this requires a court order.
Property Abandonment: Louisiana law has specific provisions for abandoned property. If a tenant vacates but leaves property behind, you must follow specific procedures under La. R.S. § 9:3259.1. You must send a certified letter to the tenant's last known address and any known forwarding address, providing a deadline (typically 10 days) for them to retrieve the property. If they don't, you can dispose of it. Failing to follow this can lead to liability for the value of the property. Document everything: photos of the property, certified mail receipts.
Every dollar spent on tenant screening saves roughly $15–$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a Louisiana landlord can make.
See our tenant screening guide for Louisiana for the 5-point protocol used by NextGen Properties.
$3,050 to $7,500 all-in on a typical $1,100 Louisiana unit. Direct legal $250 to $700. Lost rent during the 14 to 30-day case $500 to $1,300. Turn $1,200 to $3,000. Vacancy $900 to $2,000. Marketing $200 to $500. Louisiana is among the fastest and cheapest eviction states in the country, comparable to Arizona, South Carolina, and Alabama.
$150 to $250 depending on parish. Orleans, East Baton Rouge, Caddo (Shreveport), Lafayette, and Jefferson Parish each set fees within this range. Constable or sheriff service: $25 to $60. Constable lockout execution: $30 to $80. Total Louisiana court costs typically run $200 to $400 per case.
Uncontested: 14 to 30 days from notice service to lockout. Contested: 30 to 60 days. The 5-day Notice to Vacate runs first; the Rule for Possession of Premises is filed; service is at least 3 days before trial; trial is set 3 to 10 days after service; judgment typically same day; lockout 5 to 14 days after judgment. Louisiana is among the fastest eviction states in the country.
Practically yes for most landlords. Louisiana procedure is sufficiently formal (Civil Law tradition, summary procedure, specific notice content requirements) that property-management firms typically retain counsel. Pro-se filings are less common than in URLTA states. Attorney fees: $300 to $700 flat fee uncontested, $1,200 to $3,000 contested. The benefit of counsel is procedural compliance more than substantive advocacy.
Yes, within 24 hours of judgment. The tenant may file a devolutive appeal within 24 hours (no stay of execution) or a suspensive appeal with bond posting (stay of execution pending appeal). The bond requirement makes suspensive appeals rare in residential eviction. Devolutive appeals are filed occasionally but do not stay the lockout. The 24-hour appeal window is unusually short and is a distinctive Louisiana procedural feature.
Informational only, not legal advice. Consult a licensed Louisiana attorney. Source attribution in the Sources band below.
