New Orleans Eviction Court Steps 2026–27: Five Days, Three Days, Twenty-Four Hours
Louisiana's eviction law is short enough to read in a few minutes, and it moves fast. The most important deadlines are counted in days and hours, not weeks. A New Orleans tenant who waits for a second letter can lose the chance to stay or to appeal.
This guide follows the Louisiana Code of Civil Procedure step by step. It explains where New Orleans cases are heard and who gives free legal help under the city's Right to Counsel ordinance.
Last checked October 2026. Legal rules come from Louisiana Code of Civil Procedure Articles 4701 and 4731–4735, as posted by the Louisiana Legislature. Court details come from the First City Court Clerk's page, and Right to Counsel contacts come from the Orleans Civil District Court's Rental Assistance and Right to Counsel page.
The Clock at a Glance
Notice to vacate: at least 5 days (Art. 4701), unless your lease waived it
Hearing: no earlier than the 3rd day after you're served (Art. 4732)
Judgment: entered immediately if the landlord wins or you don't show up (Art. 4732)
Warrant for possession: can issue if you haven't left 24 hours after judgment (Art. 4733)
Suspensive appeal: must be applied for, with bond filed, within 24 hours of judgment (Art. 4735)
Read those last two lines again. In Louisiana, the time to act after losing is one day.
Step 1: The Notice to Vacate (Art. 4701)
When your right to stay ends, the landlord must deliver a written notice to vacate before going to court. That can happen because the lease expired, because the landlord ended it, because of unpaid rent, or for another reason. The notice must give you at least five days from delivery to leave.
Three details matter:
Leases with no set end date: The notice that legally ends that kind of lease also counts as the notice to vacate.
Leases with a set end date: The notice can be given up to 30 days before the lease ends.
Waiver clauses: Many Louisiana leases include a written waiver of the notice to vacate. If yours does, the landlord can file for eviction immediately once your right to stay ends, with no five-day notice.
Do this today: Find your lease and search it for "waive" or "notice to vacate." If you signed a waiver, the court date could be your first official warning.
Step 2: The Rule for Possession (Art. 4731)
If you don't leave after the notice, or if you waived notice, the landlord files a rule to show cause. It orders you to come to court and show why you shouldn't have to hand over the unit. The rule must state the grounds for the eviction.
Which court?
East Bank of Orleans Parish: First City Court, 421 Loyola Ave., Room 201. The clerk's office is open Monday to Friday, 9 a.m. to 4 p.m. Main line: 504-407-0400. Evictions clerk: 504-407-0405.
Algiers (zip codes 70114 and 70131): Second City Court.
The clerk's office can answer questions about your case and hearing date. By rule, deputy clerks can't give legal advice.
No lockouts, but watch for "abandonment"
Art. 4731 lets a landlord retake a unit without court only after proper notice and with a reasonable belief that you've abandoned it. Signs of abandonment include moving out, returning the keys and removing your belongings. If you're still living there, keep living there, and make it obvious.
There's also a disaster rule. In parishes under a federal disaster declaration, leaving your home doesn't count as abandonment for 30 days after the initial declaration. If a landlord breaks that rule, a residential tenant can recover $500 or twice the monthly rent, whichever is greater.
Step 3: Get a Free Lawyer Before the Hearing
In May 2022, the New Orleans City Council unanimously passed a tenant Right to Counsel ordinance, the first in Louisiana. The Orleans Civil District Court lists these sources of free legal help:
Southeast Louisiana Legal Services (SLLS): 504-529-1000, ext. 223
Louisiana Fair Housing Action Center (LaFHAC): 504-596-2100 or 877-445-2100
Call the day you get the notice or the rule. With a hearing that can come three days after service, there's no time to wait.
Step 4: The Hearing (Art. 4732)
The court must set the hearing no earlier than the third day after you're served. At the hearing, the judge tries the case and hears any defense you raise.
If you don't show up, the law says the court shall immediately enter a judgment of eviction. Not appearing almost always means losing.
What to bring
your lease, including any waiver clause
the notice to vacate, with a note of when and how you got it
rent receipts, money order stubs, bank records and payment-app screenshots
texts, emails and letters with the landlord
photos of repair problems, and any requests you made for repairs
Answer under oath if you have a defense
This connects to Step 6. To keep the right to stay while you appeal, Art. 4735 requires that you answered the rule under oath, raising an affirmative defense that entitles you to keep possession. Your lawyer will know how to do this. If you're on your own, ask the clerk before the hearing how to file a sworn answer, and do it before or at the hearing.
Step 5: The Judgment and the Warrant (Arts. 4732–4734)
If the landlord wins, the court enters a judgment of eviction ordering you to give up the unit. Under the statute, the judgment stays effective for at least 90 days. The landlord doesn't have to start over if you're still there weeks later.
If you haven't left within 24 hours of the judgment, the court immediately issues a warrant. It directs the sheriff, constable or marshal to give the landlord possession.
How the warrant is carried out (Art. 4734): The officer executes it in front of two witnesses and clears the property out of the unit. If the doors or windows are locked, the officer can break them open.
What this means in practice: once the judgment is entered, move what matters most right away. That means IDs, birth certificates, Social Security cards, medicine, children's school things and work tools.
Step 6: Appeals (Art. 4735)
An appeal doesn't stop the eviction unless all three of these are true:
You answered the rule under oath, raising an affirmative defense that entitles you to stay,
you applied for the appeal, and
you filed the appeal bond,
with the application and the bond both done within 24 hours after the judgment.
The judge sets the bond amount, enough to protect the landlord from losses caused by the appeal. Because the deadline is so short, ask your lawyer about an appeal before the hearing. Don't wait to see how it goes.
Rent Help
The Civil District Court's Rental Assistance page still describes a COVID-era emergency rental assistance program run through the City's Office of Community Development (1340 Poydras St., Suite 1000). Funding for those programs has changed. Check with the Office of Community Development, or ask SLLS, whether any rental assistance is open now. Don't count on a payment arriving before your hearing.
Your Checklist
[ ] Check your lease for a notice waiver.
[ ] Count five days from the notice to vacate. If you got none and didn't waive it, tell your lawyer.
[ ] Call SLLS (504-529-1000, ext. 223) or LaFHAC (504-596-2100) right away.
[ ] Confirm your court: First City Court (East Bank) or Second City Court (Algiers 70114/70131).
[ ] File a sworn answer raising any defense.
[ ] Go to the hearing with your papers.
[ ] If you lose, decide on an appeal and bond within 24 hours, and start moving essentials.
FAQ
How fast can a New Orleans eviction happen? With a lease waiver, a landlord can file right after your right to stay ends. The hearing can be set as early as the third day after service. A warrant can issue 24 hours after judgment.
Can my landlord skip the five-day notice? Only if your lease has a written waiver of the notice to vacate. Many Louisiana leases do.
Is there really a right to a lawyer in New Orleans? The City Council passed a Right to Counsel ordinance in May 2022. The court lists SLLS and LaFHAC as free legal providers.
Where is my eviction case heard? Most of New Orleans: First City Court, 421 Loyola Ave. Algiers (70114, 70131): Second City Court.
Can I appeal and stay in my home? Only if you answered under oath with an affirmative defense, and applied for the appeal and filed the bond within 24 hours of judgment.
What if I miss court? The court is required to enter a judgment of eviction immediately if you don't appear.
Related Guides
Sources
La. C.C.P. Art. 4701: https://legis.la.gov/Legis/Law.aspx?d=112073
La. C.C.P. Art. 4731: https://legis.la.gov/Legis/Law.aspx?d=112078
La. C.C.P. Art. 4732: https://legis.la.gov/Legis/Law.aspx?d=112079
La. C.C.P. Art. 4733: https://legis.la.gov/Legis/Law.aspx?d=112080
La. C.C.P. Art. 4734: https://legis.la.gov/Legis/Law.aspx?d=112081
La. C.C.P. Art. 4735: https://legis.la.gov/Legis/Law.aspx?d=112082
First City Court Clerk: https://www.orleanscivildistrictcourt.org/first-city-court-clerk
Orleans CDC, Rental Assistance and Right to Counsel: https://www.orleanscivildistrictcourt.org/rental-assistance
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