Eviction Process Guide

• A constable or sheriff will give you the Rule for Possession or post it on your door. If you live on the east bank of New Orleans, the court should also mail you a copy. The landlord can have these papers sent to you anytime after the end of the Notice To Vacate period.
• The Rule for Possession must be served on you at least 2 full days before the trial. The court date cannot be set before the third day after the notice is served. The Rule for Possession should tell you the date, time and place of the trial and the reasons why the landlord wants to evict you.

• Your landlord and you will be sworn in as witnesses.
• At the trial, the landlord should tell the judge what notice he gave you and why he wants you evicted.
  • Before anything else happens, you should tell the judge if you think the landlord's notice was defective. This is the time to tell the judge if the landlord: 
    • Did not give you enough notice, or
    • Accepted your rent after the Notice to Vacate, or
    • Filed his Rule for Possession before the time in the Notice to Vacate ended.
  • If the judge finds that the landlord's notice was defective, he should dismiss the eviction and make your landlord start the eviction process all over.
  • If the landlord's notice is OK, testimony and argument on the eviction should begin.
• If you failed to pay rent, the landlord will simply testify that you did not pay the rent or that you did not pay it on time. If the eviction is for a lease violation, the landlord and his witnesses will testify as to facts that support the lease violation. Your landlord is not allowed to testify about what other people told him if those people aren’t in court to testify. This is called “hearsay” and it is not allowed.
• You have the right to ask the landlord and his witnesses questions that help show that the landlord's claim or story is wrong. You can also ask them questions that help support your defenses or your story of what happened. This is called "cross-examination."
• After the landlord has completed his case, it is your turn to put on your case. This is the time to speak up for yourself and your family. Don't be bullied or railroaded into silence by the judge. You have the right to testify as to facts that will support your defenses. You may have witnesses testify on your behalf. You may submit papers that help prove your case.
• It is easy to get nervous at a trial. So, before the trial, you should make a short list of all the important facts that support the defenses that you claimed in your written answer. Before you quit, make sure you or your witnesses have told the judge about each of the facts that support your defenses. Also, make sure that you have submitted any papers to the judge that support your case.
• If you have a lease, you should always bring the original and 2 copies to the trial. Believe it or not, many landlords do not bring a copy of the lease to the trial. If this happens, it may be because your landlord thinks the lease will hurt his case or require the judge to rule in your favor. If the case involves a lease violation, a copy of the lease should be given to the judge.
• In most evictions, the judge makes his decision at the end of the trial and in the presence of the landlord and you. If he rules in the landlord's favor, he will sign a judgment ordering your eviction. If he rules in your favor, you should ask him for a written judgment dismissing the eviction.

Warning: If you do not appear for your trial, the judge will rule in your landlord's favor and order you evicted. Even if you have moved out you should go to court and tell the judge so you don’t end up with an eviction on your record. Be on time for your trial.

• You can be evicted as early as 24 hours after the judgment.

• If you filed a verified answer, you have the right to stop the eviction by filing an appeal within 24 hours of the judgment. To get your appeal, you must also file an appeal bond. The appeal bond is money you deposit into the court registry to protect your landlord in case your appeal is not justified. The bond is usually set as one month’s rent, but it is up to the judge. A higher court will review your appeal and decide whether the trial judge was right or wrong. If you timely filed your appeal and bond, you can stay in your apartment until the appeal is decided by the higher court.

• Sometimes. Generally, most judges will only give you extra time if the landlord agrees to extra time. Ask the judge for extra time if you need it. Explain what hardship you will suffer if you have to move out right away. If you have looked hard for a new place to live, but still have not found one, it may help to explain this. There is no legal right to extra time, but some judges may give you extra time if you really need it.

• You will lose. The judge will most likely enter a "default judgment" against you. Then the landlord can get a "Warrant for Possession" 24 hours after the judgment to have you evicted by the constable or sheriff. In some parishes this is called the “Writ of Ejection.” Because your eviction might end up on your record and make it more difficult for you to find future housing, you should go to court no matter what. Even if you moved out already, go to court and tell the judge so that she dismisses the eviction.

• If you miss your court date because of an emergency (for example you are in the hospital), you should bring documentation to the court showing that you had an emergency and file a motion for a new trial. The motion must be filed within 7 days of the judgment against you, but you should file it as soon as possible because you need to file it before the constable physically puts you out. Judges do not have to grant a new trial when you miss the court date