Louisiana Mobile Home Park Eviction Process: A Step-by-Step Guide

Nonpayment of lot rent: the 5-day notice to vacate

Louisiana is a civil-law state, so do not import a common-law pay-or-quit cure right — there is none by statute. There is no statutory grace or cure period for nonpayment of lot rent. Your written lease sets the due date and any grace period; substantively, La. C.C. art. 2704 lets the lessor dissolve the lease for nonpayment in accordance with the provisions of the Title Conventional Obligations or Contracts.

Before you can file for eviction, you must deliver a written NOTICE TO VACATE. Under La. C.C.P. art. 4701, that notice shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises. The five days run from delivery — count carefully and keep proof of delivery.

That five-day notice can be waived in advance. La. C.C.P. art. 4701 states a lessee may waive the notice requirements of this Article by written waiver contained in the lease, in which case the lessor or his agent may immediately institute eviction proceedings. Many Louisiana leases include this waiver — but if yours does not, the five-day notice is mandatory before filing.

Other lease violations: grounds and notice

For breaches other than nonpayment — unauthorized occupants, damage, prohibited use of the lot, or violation of park rules incorporated into the lease — the substantive ground to end the lease comes from the Civil Code and your written lease. La. C.C. art. 2686 provides that if the lessee uses the thing for a purpose other than that for which it was leased or in a manner that may cause damage to the thing, the lessor may obtain injunctive relief, dissolution of the lease, and any damages he may have sustained.

Procedurally the path is the same as nonpayment: once the lease or the right of occupancy has ended, La. C.C.P. art. 4701 requires the written notice to vacate allowing not less than five days, unless the lessee waived notice in the lease. The notice to vacate is the procedural trigger; the Civil Code and lease supply the reason.

Because there is no MHP-specific statute, your lease language does the heavy lifting. Spell out the grounds for termination, incorporate the park rules by reference, and — if you want to move quickly — include the art. 4701 written waiver of notice.

Filing the rule for possession

If the resident does not leave after the notice period expires (or immediately, if notice was waived), you file a summary rule to show cause why possession should not be delivered under La. C.C.P. art. 4731. That article lets the lessor cause the lessee or occupant to be cited summarily by a court of competent jurisdiction to show cause why he should not be ordered to deliver possession, and the rule shall state the grounds upon which eviction is sought.

File in the court of competent jurisdiction for the location of the park — typically a justice of the peace court, city court, or parish court. La. C.C.P. art. 4732(A) directs the court to make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made. This is a fast, summary proceeding.

If you prevail or the resident fails to answer or appear, the court shall render immediately a judgment of eviction, and that judgment shall be effective for not less than ninety days (art. 4732(B)). An appeal will not stop the eviction unless the resident answered the rule under oath with an affirmative defense and files a suspensive appeal bond within 24 hours of judgment (La. C.C.P. art. 4735). Bring the signed lease, the payment ledger, and proof that the notice to vacate was delivered.

What happens to the home — Louisiana specifics

Louisiana has no manufactured-housing or MHP-specific statute, so a resident who owns the mobile home gets no special statutory window to remove or sell it after a lot-lease eviction. The home is treated like any other property under the general eviction articles — this is the honest, and often harsh, reality for owner-residents in Louisiana.

After judgment, La. C.C.P. art. 4733 provides that if the lessee or occupant does not comply with the judgment of eviction within twenty-four hours after its rendition, the court shall issue immediately a warrant commanding the sheriff, constable, or marshal to deliver possession. La. C.C.P. art. 4734 then directs that officer to execute the warrant in the presence of two witnesses, by clearing the premises of any property therein. There is no statutory 30-, 60-, or 90-day home-removal period like some other states grant.

Because the statutes guarantee no removal window, the practical answer is negotiation. Give the owner-resident a realistic voluntary timeline to move or sell the home, consider a cash-for-keys agreement (a common market practice that lets both sides avoid the warrant), and put any removal deadline in writing. If a home is truly abandoned, note that La. C.C.P. art. 4731 allows a lessor to retake possession without further judicial process only upon a reasonable belief that the lessee or occupant has abandoned the premises — a narrow exception you should confirm with counsel before relying on it.

Typical timeline in Louisiana

• Rent due / default
  No statutory grace period; the written lease controls the due date and any grace. Nonpayment lets the lessor dissolve the lease under La. C.C. art. 2704.
• 5-day notice to vacate
  Deliver written notice allowing not less than five days from the date of its delivery (La. C.C.P. art. 4701) — unless the lease contains a written waiver of notice, which permits immediate filing.
• File the rule for possession
  After the notice period (or immediately if waived), file a summary rule to show cause stating the grounds, in JP/city/parish court (La. C.C.P. art. 4731).
• Return day / hearing
  Court sets the rule returnable not earlier than the third day after service and tries it that day (La. C.C.P. art. 4732(A)) — roughly 3+ days after service.
• Judgment of eviction
  If the lessor prevails or the resident fails to appear/answer, judgment is rendered immediately and is effective for not less than ninety days (La. C.C.P. art. 4732(B)).
• 24-hour compliance / warrant
  If the resident is not out within 24 hours of judgment, the court shall issue immediately a warrant for possession (La. C.C.P. art. 4733).
• Sheriff executes the warrant
  The sheriff, constable, or marshal clears the premises of any property in the presence of two witnesses (La. C.C.P. art. 4734).
• Appeal (narrow)
  Eviction is not suspended on appeal unless the resident answered under oath with an affirmative defense AND filed a suspensive appeal bond within 24 hours of judgment (La. C.C.P. art. 4735).

Operator best practices in Louisiana

• Use a strong written lease — it is your statute
  With no MHP-specific law, your lease governs grace periods, grounds for dissolution, and park rules. Draft carefully and incorporate the rules by reference, because the Civil Code (arts. 2686, 2704) and the lease are the only substantive grounds you can invoke.
• Decide up front whether to include the art. 4701 notice waiver
  A written waiver of the five-day notice to vacate lets you immediately institute eviction proceedings (La. C.C.P. art. 4701). Include it only if you understand the trade-off, and always confirm it is actually in the signed lease before skipping notice.
• Always deliver and document the notice to vacate
  Unless notice is waived, art. 4701 requires not less than five days — serve it in writing and keep dated proof of delivery, because the five days run from delivery and defective notice is the most common way rules for possession get dismissed.
• Keep a clean rent ledger and lease file
  The rule for possession must state the grounds (La. C.C.P. art. 4731). Bring the signed lease, a clear payment history, and the notice with proof of service to the return-day hearing set not earlier than the third day after service (art. 4732).
• Plan for the resident-owned home before you file
  Louisiana gives owner-residents no statutory home-removal window — after judgment the sheriff can clear any property therein within 24 hours (arts. 4733, 4734). Offer a realistic, written voluntary-removal or sale timeline so a home is not damaged or stranded.
• Use cash-for-keys where it makes sense
  A cash-for-keys agreement is a common market practice that can move an owner-resident out faster and cheaper than a warrant, and it avoids disputes over a home the statutes give you no clean way to remove.
• Be careful with abandonment self-help
  Art. 4731 lets you retake possession without further judicial process only upon a reasonable belief that the lessee or occupant has abandoned the premises. This is narrow — confirm with counsel before acting, because wrongful self-help exposes you to damages.
• Build a relationship with a Louisiana MHP attorney
  Louisiana's civil-law framework, short summary timelines, and lack of MHP-specific statutes make local counsel essential. A Louisiana attorney experienced in eviction rules for possession will keep your notices, filings, and home-removal negotiations defensible.