Finding out that someone is living in your rental property without your permission or knowledge can shake a landlord’s confidence fast. An unauthorized occupant might be a friend of the tenant, a family member not listed on the lease, or someone else entirely. Whatever the situation, you have legal rights and clear procedures to address it. Understanding how to handle this scenario protects your investment and keeps your property management on solid legal ground in Louisiana.
Verify the Unauthorized Occupancy
Before taking action, confirm that an unauthorized occupant actually exists. Gather documentation. Talk to the listed tenant. Look for evidence: mail addressed to someone else, neighbors reporting unfamiliar people, utilities spiking beyond what one person typically uses, or security camera footage showing additional residents. Sometimes a tenant briefly had a guest stay longer than expected. Sometimes it’s a genuine lease violation. Either way, solid proof gives you credibility if the situation escalates to legal proceedings.
Check your lease agreement carefully. Some leases allow occupants beyond the named tenant under certain conditions. Others have explicit rules against additional occupants. Your lease language sets the foundation for your response. If you’re unsure whether your current lease covers this situation, consult a local property management professional or attorney familiar with New Orleans and Old Metairie rental law.
Issue a Formal Notice
Send the tenant a written notice (not a text or email conversation) stating that unauthorized occupants violate the lease and must vacate within a specified timeframe. Louisiana law and your lease terms dictate how much notice you must give. Typically, three to five days is standard, but check your specific lease and local ordinances. Use certified mail with return receipt requested. Keep a copy for your records. This creates an official paper trail and shows you’re serious about enforcing the lease.
About the Author: Billy Borrouso is a licensed real estate broker, Certified Residential Specialist (CRS), and licensed contractor with over 20 years of experience in the Greater New Orleans area. As the founder of Redfish Property Management, Billy brings a rare combination of real estate expertise and construction knowledge to landlords and tenants across Metairie, New Orleans, and the Northshore. He is a NOMAR Gold Award recipient and is committed to making property ownership stress-free for landlords while maintaining quality homes for tenants.
Follow Through with Legal Action
If the tenant ignores your notice and the unauthorized occupant remains, you may need to file for eviction. Louisiana eviction law is specific, and deadlines matter. You cannot physically remove tenants or change locks without a court order. Do not attempt self-help measures like shutting off utilities or removing belongings. These actions expose you to liability and damages.
Contact a local attorney experienced in landlord-tenant law to file the proper eviction paperwork with the civil court in the parish where the property is located. The court will issue a judgment if you win, and only then can a sheriff enforce removal. This process takes time, typically several weeks, but it’s the only legal path forward.
Working with a professional property manager who understands the greater New Orleans area can prevent unauthorized occupancy situations from developing in the first place. Strong tenant screening and regular property inspections catch problems early. For guidance on your specific situation, consult Louisiana’s Residential Tenancy Act or speak with a local legal professional. Reference the Louisiana State Bar Association for attorney recommendations if needed.
Have questions about property management services across greater New Orleans, Louisiana? Reach out to us today and we’ll be happy to help you every step of the way.
