How Louisiana property owners can remove unauthorized occupants before a sale

Quick summary: If an unauthorized person occupies your property before you sell it, Louisiana law gives owners several paths to regain possession. Options include contacting law enforcement for criminal trespass, filing a civil possessory/ejectment action to obtain a court order and sheriff-enforced writ of possession, and defending against any adverse-possession claim (acquisitive prescription) if the occupant tries to claim ownership. Acting quickly, documenting everything, and avoiding self-help eviction steps are critical.

Detailed Answer

First, determine the occupant’s status. Are they a tenant under a lease, a friend or relative invited to stay, or someone who entered without permission (a squatter)? The steps you take depend on that classification.

1. Immediate safety or criminal trespass

If the person is on the property without your consent and you reasonably fear immediate danger or a crime is occurring, call local law enforcement. Louisiana criminal trespass rules apply when a person knowingly enters or remains unlawfully. For an overview of related statutory material, see the Louisiana legislative search for “criminal trespass”: legis.la.gov (criminal trespass).

2. Do NOT use unlawful self-help

Do not change locks, remove the occupant’s belongings, cut utilities, or physically force the person out. Louisiana law and courts generally prohibit self-help evictions and those actions can lead to civil liability and criminal charges.

3. Send a clear written demand to vacate

If the occupant is not an immediate threat, send a written demand giving a short deadline to leave (for example, 24–72 hours). Serve the notice in a verifiable way (certified mail or private process server) and keep copies. This creates a record that you attempted a peaceful resolution before court action.

4. File a civil possessory or ejectment action

If the occupant refuses to leave, you will generally need to pursue a civil court remedy. In Louisiana this commonly takes the form of a possessory action or action for ejectment to recover possession of an immovable (real property). A successful action results in a judgment for possession and a writ that the sheriff can execute to remove the occupant. For information on civil possession and related remedies, search the Louisiana statutes and codes here: legis.la.gov (possession).

Expect a court process that can take weeks to months depending on the parish court calendar and whether the occupant contests the case. You may also recover costs and attorney fees if authorized by contract or statute.

5. Enforcement: writ of possession and sheriff involvement

After you obtain a judgment, request a writ of possession. The sheriff (or other enforcement official) serves the writ and physically removes the occupant if they still refuse to leave. The sheriff schedules and supervises the removal; do not attempt to remove the occupant yourself.

6. Adverse possession (acquisitive prescription) defenses

Sometimes occupants claim ownership by adverse possession. Under Louisiana law, acquisitive prescription (adverse possession) can transfer ownership to a possessory occupant if statutory conditions are met. Louisiana recognizes shorter and longer prescriptive periods depending on circumstances (for example, a 10-year acquisitive prescription in some cases involving just title and good faith, and a 30-year period in others). These defenses require open, notorious, continuous and exclusive possession for the statutory period and are fact-specific. See the legislature’s resources on acquisitive prescription here: legis.la.gov (acquisitive prescription).

Short-term occupation right before a sale rarely satisfies the prescriptive periods, but if the occupant has been on the property for many years you should assume they may assert a claim and consult an attorney to analyze title and possession history.

7. Special situations to watch for

• Bankruptcy stays: If the occupant files bankruptcy, a federal automatic stay may temporarily block eviction. Check the federal bankruptcy rules at uscourts.gov (bankruptcy resources).
• Foreclosure or tax-sale buyers: Purchasers at foreclosure or tax sale may still need to remove occupants by filing for possession; property sale does not always clear out occupants automatically.
• Tenant vs. squatter: If the occupant claims tenancy (oral lease, month-to-month), different eviction rules apply and you must follow landlord‑tenant procedures rather than a simple trespass route.

Practical timeline and likely costs

Timeline: contacting police or serving a demand is immediate; filing and resolving a civil action often takes several weeks to months. Sheriff enforcement scheduling adds additional time. Costs include court filing fees, sheriff/execution fees, and attorney fees (if you retain counsel).

Helpful Hints

• Document everything: take dated photos, save communications, and keep copies of notices and mailings.
• Confirm ownership: check the parish conveyance records and your deed before initiating action.
• Do not lock out or remove belongings yourself — contact the sheriff to enforce a court order.
• Serve written notices by certified mail or a professional process server to create an evidentiary trail.
• Act quickly: delays can strengthen an occupant’s claim of continuous possession.
• Check for local emergency or COVID-era eviction rules and any parish-specific procedures before filing.
• Consult a Louisiana attorney early if the occupant claims tenancy, adverse possession, or files bankruptcy.

Next steps: If you need fast removal, contact local law enforcement only if there is an immediate criminal concern. Otherwise, prepare a written demand to vacate, gather proof of ownership and occupancy history, and consult a Louisiana real estate or eviction attorney to file the appropriate possessory/ejectment action and pursue a writ of possession.

Disclaimer: This article explains general Louisiana law and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Louisiana attorney.