Evictions occur in four different courts: justice of the peace, city, parish, and district courts. Justice of the peace, city, and parish courts are courts of limited jurisdiction.1

Justice of the peace and district courts have jurisdiction over evictions of residential tenants and occupants regardless of the amount of the monthly or yearly rent or the rent for the unexpired term of the lease.2

City and parish courts have jurisdiction over evictions if the daily rental is less than $150, the weekly rental is less than $500, the monthly rental is less than $3,000, or the annual rental is less than $36,000.3  City and parish courts are courts with a jurisdictional oddity in that these courts do not have express statutory jurisdiction over evictions of tenants where the lease term is other than a day, week, month, or year.4  Jurisdiction is not specified for evictions involving, for example, a lease with a six-month term. This is significant because the landlord must prove jurisdiction in order to use the summary eviction procedure in a city or parish court.5

Courts of limited jurisdiction are also restricted in the types of cases that can be heard. Parish and city court subject matter restrictions differ slightly from limitations upon the justice of the peace.6  A common example is when a plaintiff attempts to evict a bond for deed purchaser.7  Justice of the peace courts, city courts, and parish courts lack jurisdiction to adjudicate issues involving title to immovable property.8

• 1La. C.C.P. art. 4832.
• 2La. C.C.P. art. 4912(A).
• 3La. C.C.P. art. 4844.
• 4Id.
• 5Ne. Realty v. Jackson, 36,276 (La. App. 2 Cir. 08/14/02), 824 So. 2d 1264; Arnona v. Arnona, 477 So. 2d 120 (La. App. 4 Cir. 1985); see also Home Distrib., Inc. v. Dollar Amusement, Inc., 98-1692, p. 6 n.2 (La. App. 1 Cir. 09/24/99), 754 So. 2d 1057, 1061 n. 2 (stating that the law no longer provides a catchall jurisdiction clause for city and parish court evictions).
• 6La. C.C.P. arts. 4847, 4913.
• 7Some courts of limited jurisdiction will hear an eviction in a bond for deed matter if the plaintiff can show proper procedures are followed to cancel the contract. La. R.S. 9:2945.
• 8La. C.C.P. art. 4847(A)(1); La. C.C.P. art. 4913(3); see also Ballard v. Ballard, 53953 (La. App. 2 Cir. 05/26/21), 321 So. 3d 517 (holding that an eviction suit involving a dispute of title to immovable property cannot be heard in city court for lack of subject matter jurisdiction where stepson claiming ownership attempted to evict his stepmother who also claimed an ownership interest via a community property regime).

An eviction proceeding is initiated by delivery of written notice to vacate to the tenant.1  The notice to vacate is a mandatory part of the summary eviction procedure.2  The notice to vacate may be served when a tenant’s right of occupancy has ceased because of the termination of the lease by expiration of its term, by the landlord’s action, by nonpayment of rent, or for any other reason.3

Most landlords use the form notice to vacate provided by the courts. However, they may draft their own notices. The notice must describe the grounds for termination of the lease with specificity sufficient to allow the defendant to pursue a meaningful defense and satisfy due process.4  The lease or federal law may govern the contents of a notice to vacate.5  A notice to vacate that does not specify the grounds for eviction violates due process and may also be a violation of the lease terms; both should be argued if applicable.

The time for delivery of the notice to vacate will be determined by the grounds for the eviction. If the eviction is for good cause, such as failure to pay rent or other lease violations, a 5-day notice to vacate is required unless waived in the lease.6  When calculating whether a notice to vacate is sufficient, the date of delivery of the notice to vacate should not be included in the computation.7  The last day of the period should be included unless it is a legal holiday, in which case the period runs until the end of the next day that is not a legal holiday.8  Because the 5 days do not include legal holidays,9  the notice period is effectively a minimum of 7 days in parishes in which both Saturday and Sunday are holidays. Lease agreements may also stipulate a longer period. If a lease contains a notice to cure requirement, that notice must be a separate notice from the notice to vacate; the notice to vacate is premature prior to expiration of the cure period.10

When a tenant’s lease is expiring, the landlord can typically serve the tenant with a “no cause” notice to vacate at the end of their lease. The notice must be in writing and must be served at least 30 days before the end of a year lease, or 10 days prior to the end of the month for a month-to-month lease.11  The fact that a tenant is given a notice with a longer period than 10 days is not a fatal defect; the statute only requires a minimum of 10 days.12  If the tenant formerly had a written year lease that rolled over to month-to-month, the notice requirement in the original lease will apply to the new month-to-month term (typically 30 days). Grounds must be specified, but need only read that the landlord wants possession of the property or that the landlord no longer desires to rent to the tenant. Arguably, notice under Article 2728 may not be waived.13  The notice must be in writing.14  Notice under Article 2728 of the Civil Code satisfies the notice requirement of Article 4701 of the Code of Civil Procedure.

Service of the notice is accomplished by a court official, the landlord, or the landlord’s agent. However, if the premises are abandoned or closed, or if the whereabouts of the tenant or occupant are unknown, the notice may be attached to a door of the premises (i.e., service by tacking).15

To meet his burden of proof, a landlord must show proper notice or an applicable waiver.16

• 1La. C.C.P. art. 4701.
• 2Bowling U.S.A., Inc. v. Genco, 536 So. 2d 814 (La. App. 1 Cir. 1988) (cited by Pin Oak v. McSweeney, 2018-CA-1073 (La. App. 1 Cir. 02/26/19), 2019 WL 927186); see La. C.C.P. art. 5053.
• 3La. C.C.P. art. 4701.
• 4La. State Museum v. Mayberry, 348 So. 2d 1274 (La. App. 4 Cir. 1977); 200 Carondelet v. Bickham, 2017-0328 (La. App. 4 Cir. 10/25/17), 316 So. 3d 955. Apollo Plaza Apartments v. Gosey, 599 So. 2d 494 (La. App. 2 Cir. 1992).
• 5See Corpus Christi Hous. Auth. v. Love, 267 S.W.3d 222 (Tex. Ct. App. 2008) (housing authority eviction dismissed for failure to advise tenant of judicial eviction procedure to be used, as required by federal law); see also Apollo Plaza Apartments v. Gosey, 599 So. 2d 494 (La. App. 3 Cir. 1992) (acknowledging that failure of notice to state information that the lease requires of notices may be prejudicial).
• 6La. C.C.P. art. 4701; Tete v. Hardy, 283 So. 2d 252 (La. 1973). Most form leases in Louisiana do contain a waiver of notice provision.
• 7La. C.C.P. art. 5059.
• 8Id.
• 9Id; Rainey v. Bartholomew, 2022-0616 (La. App. 4 Cir. 2/13/23), 2023 WL 1960832.
• 10Second Zion Baptist Church #1 v. Jones, 2017-0926, p. 9 (La. App. 4 Cir. 04/18/18), 245 So. 3d 9, 14.
• 11La. C.C. art. 2728; Torco Oil Co. v. Grif-Dun Grp., Inc., 617 So. 2d 102 (La. App. 4 Cir. 1993). If no landlord-tenant relationship exists (e.g., the evictee is only an occupant), Article 2728 does not apply and a 5-day notice to vacate would suffice. See Ne. Realty v. Jackson, 36,276 (La. App. 2 Cir. 08/14/02), 824 So. 2d 1264 (decided under pre-2005 Civil Code Article 2686).
• 12Lilly v. Angelo, 523 So. 2d 899, 902 (La. App. 4 Cir. 1988).
• 13“A lease in which one or both parties have reserved the right to terminate the lease before the end of the term may be so terminated by giving the notice specified in the lease contract or the notice provided in Articles 2727 through 2729, whichever period is longer. The right to receive this notice may not be renounced in advance.” La. C.C. art. 2718. “[T]his notice” in the last sentence can be read to refer to “notice provided in articles 2727–2729.”
• 14La. C.C. art. 2729; Solet v. Brooks, 2009 CA 0568 (La. App. 1 Cir. 12/16/09), 30 So. 3d 96, 101; Houston v. Chargois, 98-CA-1979 (La. App. 4 Cir. 02/24/99), 732 So. 2d 71.
• 15La. C.C.P. art. 4703; see Fairfield Prop. Mgmt. Stone Vista Apartments v. Evans, 589 So. 2d 83 (La. Ct. App. 1991), French Quarter Realty v. Gambel, 2005-0933 (La. App. 4 Cir. 12/28/05), 921 So. 2d 1025.
• 16JoAnn Place v. Ricard, 2022-0456 (La. App. 4 Cir. 12/27/22); 356 So. 3d 518, 528.

If the tenant fails to comply with the notice to vacate, or if the notice is waived in the lease, a judicial eviction is commenced by filing a rule for possession of premises with a proper court.1  This rule requires the tenant or occupant to show cause why the tenant or occupant should not be ordered to deliver possession of the premises to the landlord or owner. The rule must state the grounds on which eviction is sought.2

If the rule for possession states different grounds for termination than the notice to vacate, the attorney should argue that this defect renders the eviction premature.3  Issue switching between the mandatory notices and the trial should also be viewed as a due process violation.4

Once a petition for eviction is filed, the court must issue a citation or order to show cause to the tenant.5  La. C.C.P. art. 4731 and due process require grounds to be stated on which eviction is sought by the landlord. Many justices of the peace do not include any reasons in the citation or order; these rules for possession are deficient and should be dismissed for vagueness and/or prematurity.

The rule for possession must be served by the sheriff, marshal, or constable. Under Louisiana law, service by “tacking” is allowed,6  but a federal court judgment requires that all East Bank Orleans Parish rules be served by regular mail in addition to tacking.7  The rule may be heard no earlier than the third day after service of the rule on the tenant.8  The service return must be filed into the record by the sheriff, marshal, or constable who performed this function.

Certain fact patterns may still give rise to a constitutional challenge based on the ruling in Greene v. Lindsey that tacking service is unconstitutional.9  Under Greene, it is important that the tenant did not receive actual notice of the eviction in another manner and that evidence be presented that the tacked notice was removed or that the constable’s return is inaccurate.

• 1La. C.C.P. art. 4732.
• 2La. C.C.P. arts. 927, 4731(A); St. Pierre v. Hirschfeld, 569 So. 2d 222, 227 (La. App. 1 Cir. 1990).
• 3Cf. J & R Enters.-Shreveport, LLC v. Sarr, 43,364 (La. App. 2 Cir. 08/13/08), 989 So. 2d 235; Arbo v. Jankowski, 39 So. 2d 458 (Orl. App. 1949).
• 4200 Carondelet v. Bickham, 2017-0328, p. 12 (La. App. 4 Cir. 10/25/17), 316 So. 3d 955, 962.
• 5La. C.C.P. art. 4919.
• 6La. C.C.P. art. 4703; French Quarter Realty v. Gambel, 2005-0933, p. 5–6 (La. App. 4 Cir. 12/28/05), 921 So. 2d 1025, 1029 (finding that tenant’s due process rights were not violated because she presented no evidence that constable’s service return was in error and admitted to receiving the Rule for Possession by mail and distinguishing Greene v. Lindsey, 456 U.S. 444 (1982), which ruled tacking procedure unconstitutional).
• 7See Sylvester v. Detweiler, No. 84-3399 (E.D. La. 1985); see also Hughes v. Sanders, 36,968-CA (La. App. 2 Cir. 05/14/03), 847 So. 2d 165 (Caraway, J., dissenting).
• 8La. C.C.P. art. 4732; see Bernard v. Prof’l Prop. Mgmt., 16-215 (La. App. 2 Cir. 09/28/16), (holding that tenant must object at the onset of trial if the hearing is earlier than the third day after service).
• 9456 U.S. 444 (1982).

The rule to show cause is a summary proceeding.1  Trial of the rule is typically conducted quickly and without observing all of the formalities of an ordinary proceeding.2  That being said, the rules of evidence apply in city and parish court eviction proceedings.3  It is important to insist on formalities necessary to preserve the record in the event that an appeal is necessary.

On the other hand, justice of the peace trials are informal. They are not required to strictly adhere to the rules of evidence, and hearsay is statutorily permissible provided the judgment is based on competent evidence.4

Jury trials are not available in Louisiana eviction proceedings.5  If the tenant fails to answer or appear for trial, the court may immediately render a judgment of eviction providing the tenant 24 hours to vacate.6

At the trial, the landlord has the burden of establishing a prima facie case of his right to possession.7  The landlord must prove by a preponderance of the evidence: (1) that a landlord-tenant or owner-occupant relationship exists between the parties, (2) that the purpose of occupancy has ceased, the lease has expired, or action or inaction by defendant constituted breach of the lease agreement, and (3) that a legally sufficient notice to vacate was properly served.8  An eviction may be reversed if a proper notice to vacate is absent from the record.9  If there is a lease, it is the landlord’s burden to prove the lease and the lease violation.10  In addition, the landlord must show jurisdiction.11

Sworn testimony and admissible documents must be introduced into evidence in a court of record.12  An eviction cannot be granted absent evidence.13  Documents attached to pleadings but not formally admitted are not evidence.14  Argument of counsel is not evidence.15

After the landlord establishes a prima facie case, the burden shifts to the tenant to refute the landlord’s case by proving any affirmative or special defenses pleaded.

Some justices of the peace enter eviction judgments without ever holding a trial. This is egregious legal error and violates the Code of Judicial Conduct. A justice of the peace’s failure to conduct a hearing could be grounds for suspension by the Supreme Court.16  A call to the judge may secure a rescission of the unlawful judgment.17  Additionally, some justices of the peace will have informal ex parte communications with parties, which also violates the Code of Judicial Conduct.18  The advocate must decide if a motion to recuse is warranted and whether the motion is in the best interest of the tenant.19  Tenants always have the remedy of filing a trial de novo petition in parish or district court if an eviction judgment issued by a justice of the peace is improper. Some decisions by Justices of the peace may also be challenged via a supervisory writ to the court of appeal.20

• 1La. C.C.P. art. 2592(3).
• 2La. C.C.P. art. 2591.
• 3La. C.C.P. art. 2596 (rules of ordinary proceedings apply).
• 4La. C.C.P. art. 4921.2.
• 5La. C.C.P. art. 1732(4).
• 6La. C.C.P. art. 4732; see Trapani v. Morgan, 426 So. 2d 285 (La. App. 4 Cir. 1983).
• 7The reality in many trial courts is that the judge places the burden on the tenant, does not require proof of a prima facie case, and conducts a trial that is “conversational” at best. It is the advocate’s responsibility to make an objection based on improper shift of the burden. However, it is the tenant’s burden of proof for exceptions and affirmative defenses.
• 8See generally Miller v. White, 162 So. 638 (La. 1935); PTS Physical Therapy Serv. v. Magnolia Rehabilitation Serv., Inc., 40,558-CA, 40,559-CA (La. App. 2 Cir. 01/27/06), 920 So. 2d 997, 1000 (cited by Cole v. Thomas, 2017-0666 (La. App. 1 Cir. 03/22/18), 247 So. 3d 957); Kenneth & Allicen Caluda Realty Tr. v. Fifth Bus. LLC, 06-CA-608 (La. App. 5 Cir. 12/27/06), 948 So. 2d 1137, 1138; Marlies Margot Cernicek Irrevocable Living Tr. v. Becnel, 22-62 (La. App. 5 Cir. 11/16/22), 353 So. 3d 950; JoAnn Place v. Ricard, 2022-0456 (La. App. 4 Cir. 12/27/22), 356 So. 3d 518.
• 9PRCP-NS New Orleans, LLC v. Swanson, 2022-0393 (La. App. 4 Cir. 12/16/22), 354 So. 3d 239; Monroe Hous. Auth. v. Coleman, 46,307 (La. App. 2 Cir. 5/25/11), 70 So. 3d 871, 872.
• 10See Hous. Auth. of New Orleans v. Haynes, 2014-1349 (La. App. 4 Cir. 05/13/15), 172 So. 3d 91; Guste Homes Resident Mgmt. Corp. v. Thomas, 2012-1493 (La. App. 4 Cir. 05/29/13), 116 So. 3d 987; Artspace Bell Sch. v. Dozier, 2022-0404 (La. App. 4 Cir. 12/8/22), 2022 WL 17494773; JoAnn Place, 2022-0456, 356 So. 3d at 318.
• 11La. C.C.P. art. 1; Arnona v. Arnona, 477 So. 2d 120 (La. App. 4 Cir. 1985); PTS, 40,558-CA, 40,559-CA, 920 So. 2d at 1000; Creekstone/Juban I, LLC v. XL Ins. Am., Inc., 2018-0748 (La. 05/08/19), 282 So. 3d 1042.
• 12See Kenneth & Allicen Caluda Realty Tr., 06-CA-608, 948 So. 2d 1137; PTS, 40,558-CA, 40,559-CA, 920 So. 2d at 1000.
• 13Poydras Ctr. LLC v. Intradel Corp., 2011-CA-0978 (La. App. 4 Cir. 12/07/11), 81 So. 3d 80; Hous. Auth. of New Orleans v. King, 2012-1372 (La. App. 1 Cir. 06/12/13), 119 So. 3d 839.
• 14Marlies Margot Cernicek Irrevocable Living Tr. v. Becnel, 22-62 (La. App. 5 Cir. 11/16/22), 353 So. 3d 950.
• 15King, 2012-1372, 119 So. 3d at 842; JoAnn Place, 2022-0456, 356 So. 3d at 318.
• 16See, e.g., In re Justice of the Peace Landry, 2001-O-0657 (La. 06/29/01), 789 So. 2d 1271.
• 17Do not threaten the judge with disciplinary charges for his violation of the Code of Judicial Conduct. See La. R. Prof’l Conduct 8.3(b), 8.4(g).
• 18Proof is necessary to make an allegation of ex parte communications with a party. La. Const. art. V, § 25; In re Fuselier, 2002-1661 (La. 1/28/03), 837 So. 2d 1257 (proof must be clear and convincing).
• 19The Louisiana Supreme Court will often appoint a different justice of the peace to hear the eviction, even where no disciplinary action takes place.
• 20Nguyen v. Hall, 2020-0531 (La. App. 1 Cir. 6/25/20), 2020 WL 3475906 (reversing Justice of the peace’s denial of remote hearing for medically compromised tenants during COVID-19); Cedarwood Apartments v. Williams, 2021-0453 (La. App. 1 Cir. 4/29/21), 2021 WL 1717184 (ordering Justice of the peace to halt eviction and consider tenant’s COVID-19 affidavit in accordance with Centers for Disease Control moratorium).

The judgment of eviction must be rendered “immediately” after the trial of the rule.1  Technically it is improper for the court to take a summary proceeding under advisement.2  The fact that an eviction judgment is not “final” because it was taken under advisement is not grounds to dismiss an appeal timely filed after rendition.3  The judgment must be in writing.4

Notice of the judgment must be given to the tenant.5  The judgment of eviction against the tenant is also binding on sublessees.6  The judgment of eviction is effective for at least 90 days.7

Generally, the three types of judgments that might be issued are (1) a judgment of possession in favor of the landlord; (2) a dismissal in favor of the tenant; or (3) a consent judgment in which the parties agree to a payment plan, extended move out, or other set of mutually agreeable terms. A consent judgment is especially helpful in the case of federally subsidized tenants who may be at risk of losing their assistance if a judgment of possession issues.

• 1La. C.C.P. art. 4732.
• 2La. C.C.P. art. 2595.
• 3Versailles Arms Apartments v. Granderson, 377 So. 2d 1359, 1362 (La. App. 4 Cir. 1979).
• 4La. C.C.P. arts. 1911, 4923.
• 5La. C.C.P. arts. 1913, 4905, 4922.
• 6Scott v. Kalip, 197 So. 205 (La. App. 2 Cir. 1940); Miles v. Kilgore, 191 So. 556 (La. Ap. 2 Cir. 1939).
• 7La. C.C.P. art. 4732.

Under La. C.C.P. art. 4733, an eviction judgment is executed by applying for a warrant for possession if the tenant does not vacate within 24 hours after the “rendition” of judgment.

“Rendition” occurs when a written judgment is signed.1  Execution of the judgment requires the tenant to remove not only himself and his possessions, but also to deliver the property free of other occupants.2

The warrant for possession typically directs the sheriff, marshal, or constable to immediately execute the eviction judgment. They are allowed to use force to open doors and windows and to seize and sell the property to pay for the costs.3

• 1See Viator v. Heintz, 10 So. 2d 690 (La. 1942); Buras v. Plaquemines Par. Democratic Exec. Comm., 202 So. 2d 678 (La. App. 4 Cir. 1967).
• 2Miles v. Kilgore, 191 So. 556 (La. App. 2 Cir. 1939).
• 3Depending on the jurisdiction, some courts issue the warrant for possession (sometimes called writ of ejection) concurrently with the judgment of eviction. The landlord must wait 24 hours to contact the court to have the peace officer come to the property if the tenant did not vacate. Other jurisdictions require a separate payment from the landlord to the peace officer before the warrant for possession will be executed.