Rule for Possession (Eviction Petition) — Louisiana

RULE FOR POSSESSION (EVICTION PETITION) — LOUISIANA

TABLE OF CONTENTS

1. Caption
2. Parties and Venue
3. Jurisdictional Statement
4. The Lease
5. Default — Grounds for Eviction
6. Notice to Vacate and Proof of Service
7. Lessee's Refusal to Vacate
8. Healthy Homes / Disaster / Subsidized-Housing Compliance
9. Prayer for Relief
10. Verification
11. Signature Block
12. Order Setting Rule for Hearing
13. Certificate of Service
14. Louisiana Practice Notes
15. Sources and References

1. CAPTION

STATE OF LOUISIANA

[NAME OF COURT — e.g., FIRST CITY COURT FOR THE PARISH OF ORLEANS / JUSTICE OF THE PEACE COURT, WARD ____, [PARISH] PARISH / [CITY] CITY COURT / [JUDICIAL DISTRICT COURT, [PARISH] PARISH]

DOCKET NO. [________________________________]

SECTION / DIVISION [____]

RULE FOR POSSESSION OF PREMISES

(LSA-C.C.P. arts. 4701, 4731 et seq.)

NOW INTO COURT, through undersigned counsel, comes [PLAINTIFF / LESSOR] ("Plaintiff"), who respectfully avers:

2. PARTIES AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] is [an individual / a Louisiana limited liability company / a foreign corporation authorized to do business in Louisiana] with its [domicile / principal place of business] in [PARISH] Parish, Louisiana, and is the LESSOR (or authorized agent for the lessor) of the leased premises identified below.

2.2. Defendant [DEFENDANT NAME] ("Lessee") is a person of the full age of majority and a resident of [PARISH] Parish, Louisiana, occupying the leased premises identified below as lessee.

2.3. Defendants "ALL OTHER OCCUPANTS" includes any other natural persons in occupancy of the Premises, whether as sub-lessees, guests, family members, or otherwise.

2.4. Premises (the "Premises"): [STREET ADDRESS, UNIT NO., CITY, PARISH, LA, ZIP], situated in [PARISH] Parish, Louisiana, more fully described as: [LEGAL DESCRIPTION OR LOT/SQUARE/MUNICIPAL ADDRESS].

2.5. Venue is proper in this Court because the Premises is located in [PARISH] Parish, Louisiana (LSA-C.C.P. art. 80(A)). For a city or parish court, confirm that the Premises also falls within the court's territorial jurisdiction (LSA-C.C.P. art. 4844).

3. JURISDICTIONAL STATEMENT

3.1. This Court has subject-matter jurisdiction over this Rule for Possession pursuant to:

☐ LSA-R.S. § 13:1872 (City Court eviction jurisdiction)

☐ LSA-R.S. § 13:2586 (Justice of the Peace Court eviction jurisdiction)

☐ LSA-Const. art. V, § 16 (District Court general civil jurisdiction)

☐ Other: [CITE]

4. THE LEASE

4.1. On [__/__/____], Plaintiff (as Lessor) and Defendant (as Lessee) entered into a [written / oral] lease of the Premises (the "Lease").

4.2. Lease terms (material provisions):

4.3. A true and correct copy of the written Lease (if applicable) is attached hereto as Exhibit A and incorporated by reference. [OR: The lease is oral and was confirmed by [course of dealing / partial performance / receipt of rent].]

4.4. Defendant took possession of the Premises on or about [__/__/____] and has occupied the Premises continuously since.

5. DEFAULT — GROUNDS FOR EVICTION

[USE THE APPLICABLE PARAGRAPH(S) BELOW; STRIKE NON-APPLICABLE OPTIONS]

5.1. Nonpayment of Rent (LSA-C.C. art. 2704; LSA-C.C.P. art. 4701). Defendant has failed to pay rent and other charges as follows:

A rent ledger is attached as Exhibit B.

5.2. Material Breach of Lease (LSA-C.C. art. 2683; art. 2686; art. 2687). Defendant has materially breached the Lease as follows:

[DESCRIBE BREACH WITH DATES, FACTS, AND LEASE SECTION VIOLATED — e.g., "On [DATE], Defendant permitted unauthorized occupant [NAME] to take up residence at the Premises in violation of Section [____] of the Lease, and despite written demand has refused to remove the unauthorized occupant."]

Supporting evidence is attached as Exhibits [____] through [____].

5.3. Expiration of Term / Termination by Notice (LSA-C.C. art. 2728; LSA-C.C. art. 2724). The Lease has terminated by:

☐ Natural expiration of fixed term on [__/__/____].

☐ Notice of termination served [__/__/____] with effective date [__/__/____], in compliance with the notice period required by LSA-C.C. art. 2728.

A copy of the Notice of Termination and proof of service are attached as Exhibit C.

5.4. Lease Waiver of Notice (LSA-C.C.P. art. 4701, last paragraph). Section [____] of the Lease constitutes an express written waiver of the LSA-C.C.P. art. 4701 5-day notice. [USE ONLY IF SUCH WAIVER EXISTS — otherwise omit and rely on the 5-day notice in Section 6 below.]

6. NOTICE TO VACATE AND PROOF OF SERVICE

6.1. On [__/__/____], Plaintiff (or Plaintiff's agent) caused a FIVE-DAY NOTICE TO VACATE pursuant to LSA-C.C.P. art. 4701 to be served upon Defendant.

6.2. The 5-day notice was delivered by [delivery to Defendant / attachment to the door because the Premises were abandoned or closed, or Defendant's whereabouts were unknown], in compliance with LSA-C.C.P. arts. 4701 and 4703. Any mailing was supplemental and was not the sole statutory delivery method.

6.3. A copy of the FIVE-DAY NOTICE TO VACATE, together with the affidavit of service, is attached hereto as Exhibit D and incorporated by reference.

6.4. The 5-day period expired on [__/__/____]. Defendant did not vacate the Premises, and Plaintiff did not withdraw the notice in writing.

7. LESSEE'S REFUSAL TO VACATE

7.1. As of the date of this filing — [__/__/____] — Defendant remains in possession of the Premises in defiance of the Notice to Vacate and the termination of the Lease.

7.2. Plaintiff has been deprived of the lawful possession of the Premises.

7.3. Plaintiff has not engaged in any self-help dispossession measures and has at all times respected Defendant's right to judicial process.

8. HEALTHY HOMES / DISASTER / SUBSIDIZED-HOUSING COMPLIANCE

8.1. [New Orleans / Orleans Parish only]: The Premises is registered under the New Orleans Healthy Homes Ordinance (NOLA Code ch. 26). Plaintiff is in compliance with the Minimum Rental Standards as of the date of this filing. Healthy Homes Registry No. [____].

8.2. Federally declared disaster. Plaintiff certifies that [Parish] Parish [is / is not] currently the subject of a federally declared disaster within the meaning of LSA-C.C.P. art. 4731. Plaintiff is not relying on tenant absence to claim abandonment within 30 days of any active federal disaster declaration.

8.3. Subsidized housing. The Premises [is / is not] subject to a federal Section 8 HAP contract, public-housing lease, LIHTC compliance period, or other federal subsidy. [If subject: Plaintiff has complied with the applicable federal good-cause and 30-day pre-termination notice requirements. See Exhibit [____] for HUD-compliant pre-termination notice.]

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

A. That a Rule issue ordering Defendant [NAME] and ALL OTHER OCCUPANTS to show cause on the return day fixed by this Court why they should not be ordered to deliver possession of the Premises to Plaintiff;

B. That after trial of the Rule, judgment of eviction be rendered ordering Defendant and ALL OTHER OCCUPANTS to deliver possession of the Premises to Plaintiff, said judgment to be effective for not less than ninety (90) days as required by LSA-C.C.P. art. 4732;

C. That if Defendant fails to deliver possession within twenty-four (24) hours of judgment, a Warrant for Possession issue to the [Sheriff / Constable / Marshal] of [PARISH] Parish, commanding execution thereof in the presence of two witnesses pursuant to LSA-C.C.P. arts. 4733–4734;

D. That all costs of these proceedings be taxed against Defendant; and

E. For such other relief relating to possession as the Court deems proper under Louisiana law.

10. VERIFICATION

STATE OF LOUISIANA

PARISH OF [____]

BEFORE ME, the undersigned Notary, personally came and appeared [NAME OF AFFIANT — Plaintiff or authorized agent], who, being first duly sworn, deposed and stated:

1. I am the [Plaintiff / authorized agent / property manager] in the foregoing Rule for Possession;

2. I have read the foregoing Rule for Possession and know the contents thereof;

3. The factual allegations contained therein are true and correct to the best of my personal knowledge, information, and belief.

[________________________________]

[NAME OF AFFIANT]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of Louisiana

Bar/Notary No.: [____]

(Commission Expires: [_______________])

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], La. Bar Roll No. [####]

Counsel for Plaintiff/Lessor

[STREET ADDRESS]

[CITY, LA, ZIP]

Telephone: [NUMBER]

Facsimile: [NUMBER]

Email: [EMAIL]

12. ORDER SETTING RULE FOR HEARING

Considering the foregoing Rule for Possession;

IT IS ORDERED that [DEFENDANT NAME] and ALL OTHER OCCUPANTS show cause before this Court on the [____] day of [_______________], 20[____], at [__:__ AM/PM], at the courthouse located at [ADDRESS], why they should not be ordered to deliver possession of the Premises located at [PREMISES ADDRESS] to Plaintiff;

IT IS FURTHER ORDERED that this Rule, together with a copy of the Petition, be served upon Defendant [NAME] and ALL OTHER OCCUPANTS through the [Sheriff / Constable / Marshal] of [PARISH] Parish, Louisiana.

[CITY / PARISH], Louisiana, this [____] day of [_______________], 20[____].

[________________________________]

JUDGE / JUSTICE OF THE PEACE

13. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing RULE FOR POSSESSION has been requested for service upon Defendant [NAME] through the [Sheriff / Constable / Marshal] of [PARISH] Parish, Louisiana, at the Premises address listed above, this [____] day of [_______________], 20[____].

[________________________________]

[ATTORNEY NAME]

14. LOUISIANA PRACTICE NOTES

• Summary proceeding. The Rule for Possession is a summary proceeding (LSA-C.C.P. art. 2592). Discovery is limited; trial occurs on the return day. Bring all evidence to court.
• Separate money claims. This summary rule asks for possession under art. 4731(A). Art. 462 requires cumulated actions to use the same form of procedure; pursue unpaid rent, contract damages, and any contract attorney-fee claim through the appropriate separate procedure.
• Attach the lease, ledger, notice, and proof of service. Without these exhibits, the court will continue or dismiss.
• Verification. While not strictly required by art. 4731, many Louisiana courts (especially City Courts and JP Courts) require a verified petition. Verify by notarized affidavit.
• Service. Service must be by the sheriff, constable, or marshal — not by counsel or process server. Confirm constable/marshal's office for the parish.
• Return day. Not earlier than the third day after service (art. 4732); exclude legal holidays when counting this short period under art. 5059(C). Practice varies — confirm the court's return date before service.
• 90-day judgment effectiveness. The judgment of eviction is effective for not less than 90 days (art. 4732 final sentence) — if execution is delayed beyond 90 days, lessor may need a new judgment.
• 24-hour warrant. If the lessee does not comply with the eviction judgment within 24 hours after it is rendered, the court must issue a warrant for possession immediately (art. 4733).
• Two-witness execution. Sheriff/constable/marshal must execute in the presence of two witnesses, "clearing the premises" of property to deliver possession (art. 4734). Lessor should be present (or a representative) to receive possession.
• Storage of tenant property. Louisiana law does not provide a uniform tenant-property-storage scheme akin to common-law states. After execution, lessor's handling of tenant property is fact-specific; consult counsel to avoid conversion claims.
• Defenses commonly raised. Defective notice; warranty against vices and defects (art. 2696); reciprocal lessor breach; improper service; payment/tender; retaliation/abuse of right; discrimination; SCRA stay; subsidized-housing good-cause failure.
• Suspensive appeal. To suspend execution, the tenant must have answered the rule under oath, pleading an affirmative defense entitling the tenant to retain possession. The tenant must apply for the appeal and file the appeal bond within 24 hours after the eviction judgment is rendered (art. 4735).
• Federal moratoriums / disasters. Always check FEMA.gov and the Governor's executive orders before filing in disaster-affected parishes.
• Subsidized housing. Federal good-cause and 30-day pre-termination requirements layer on top of art. 4701; failure to comply is a complete defense.
• New Orleans Right to Counsel. Tenants in Orleans Parish are entitled to free counsel. Expect representation; prepare accordingly.

15. SOURCES AND REFERENCES

• LSA-C.C.P. art. 462 (cumulation requires the same procedure) — https://legis.la.gov/legis/Law.aspx?d=112042
• LSA-C.C.P. arts. 4701–4735 — https://legis.la.gov/Legis/Law.aspx?d=112078
• LSA-C.C. art. 2668 et seq. (Lease) — https://lcco.law.lsu.edu/?uid=104&ver=en
• LSA-R.S. § 13:1872 (City Courts) — https://legis.la.gov
• LSA-R.S. § 13:2581 et seq. (Justice of the Peace Courts)
• LSA-R.S. § 9:3251 et seq. (Lessee's Deposit Act)
• LSA-R.S. § 51:2601 et seq. (Louisiana Equal Housing Opportunity Act)
• New Orleans Code Chapter 26 — Healthy Homes — https://library.municode.com/la/new_orleans/codes/code_of_ordinances
• Mark Moreau, Louisiana Landlord–Tenant Law (Loyola Pro Bono Desk Manual) — https://probonodeskmanual.loyno.edu/louisiana-landlord-tenant-law
• Baton Rouge City Court Eviction Procedure Guidelines — https://www.brla.gov/DocumentCenter/View/3894
• Pylant v. Spencer, 92-2655 (La. App. 1 Cir. 5/5/95) (self-help eviction wrongful)
• NOLA East, LLC v. Sims, 2017-CA-0631 (La. App. 4 Cir. 12/27/17) (habitability defense in eviction)
• McCoy v. Robbins, 654 So. 2d 877 (La. App. 2 Cir. 1995) (strict construction of notice)
• 50 U.S.C. § 3951 — SCRA stay of eviction
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 24 C.F.R. § 247.4 — subsidized housing termination procedure
• 24 C.F.R. § 982.310 — HCV good cause

Disclaimer: This template is for informational purposes only and is not legal advice. An attorney licensed in Louisiana must review and customize this document before filing. Verify all citations on legis.la.gov and confirm forum and local rules with the city, parish, or JP court that will hear the rule.