Eviction

The Constable's Office is the enforcement arm for the First City Court of New Orleans. Our role

is to execute the decisions of the court, act as a process server and peace-keeper, and to

ensure that the eviction process flows as smoothly as possible. We are aware that the eviction

process may seem complicated to the parties involved, so we have produced this web site to

help you better understand the process. Created with the attorney, landlord, property manager

and tenet in mind, this web site can effectively guide you through the eviction process.

 

Five-Day Notice to Vacate Premises

The eviction process is initiated in the Constable's Office with the Five-Day Notice to Vacate

Premises. This notice is filed by the landlord between the hours of 8:30 a.m. and 4:00 p.m.,

Monday through Friday, and applicable fees will apply. The reason for the eviction must be

clearly stated on the notice before it will be served. The Constable's Office will then serve the

notice to the tenant in person or by attaching it to the tenant's door. The tenant will receive the

notice on the next business day.

 

Rule for Possession of Premises

If the tenant fails to pay rent or to vacate the premises by the fifth (5th) business day once the

Five-Day Notice to Vacate Premises has been served, the landlord must return to the

Constable's Office to file the Rule for Possession of Premises. On the sixth (6th) business day,

or shortly thereafter, the Clerk of First City Court will serve notice of the assigned court date to

the tenant either in person or by attaching it to the tenant's door. On the date given by the

Clerk's Office, both landlord and tenant will appear in court. If the landlord fails to appear or

accepts full or partial payment of rent from the tenant at any time after the eviction process has

begun, the court will dismiss the Rule for Possession of Premises.

If the landlord still wishes to evict, the landlord must begin a new eviction process and file

another Five-Day Notice to Vacate Premises.

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Notice of Judgement - Possession of Premises

If a judgement is rendered in favor of the landlord, a Notice of Judgement-Possession of

Premises will be served the next business day to the tenant. This notice orders the tenant to

vacate the premises twenty four (24) hours after service. The Constables Office will serve this

notice to the tenant's door.

 

Warrant for Possession Premises

In the event that the tenant fails to move after the twenty-four (24) hour Notice of Judgment-

Possession of Premises has expired, the landlord must obtain a Warrant for Possession of

Premises. A deputy constable will execute the warrant by removing the tenant and his or her

property from the premises. Once the warrant is enforced, the property will be secured and

returned to the landlord. This completes the eviction process.

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