FAQ Series: Can Law Enforcement Force My House Guest To Leave?
- Hampton Law Firm ⚖️
- May 18
- 2 min read
Updated: Jul 1
This is one of the most frustrating questions for homeowners because the answer is often: **it depends.**
When someone is in your home and refusing to leave, it feels obvious. It is your house. You asked them to go. They said no. Naturally, you may think law enforcement can simply make them leave.
Sometimes they can. Sometimes they cannot.
The difference usually depends on whether the person is a true trespasser, a temporary guest, or someone who may have become an occupant.
Louisiana law recognizes criminal trespass, including entering or remaining on property without express, legal, or implied authorization. Louisiana law also addresses remaining on property after being forbidden to do so. So if a person truly has no permission to be there, or if the situation involves criminal conduct, violence, threats, property damage, or safety concerns, law enforcement may have a role.
But if the person has been living in the home, keeping belongings there, receiving mail there, using the address, sleeping there regularly, or otherwise acting like they reside there, law enforcement may not treat the situation as a simple trespass call. Officers may tell you it is a civil issue and that you need to go through the court process.
That is not always because law enforcement does not want to help. It is because officers often cannot decide complicated possession and occupancy questions on the spot in someone’s living room. If both sides are claiming some right to be there, the safer legal route is often court.
Louisiana law also now recognizes that remaining in or upon property without authorization can include an occupant’s continued presence for longer than five days after written notice to vacate under certain Code of Civil Procedure articles. But practically, homeowners should still be careful. The written notice, the facts of occupancy, and the proper procedure matter.
So what should you do?
If there is an immediate safety concern, call law enforcement. If there is violence, threats, abuse, stalking, weapons, property damage, or fear that someone may be harmed, treat that as urgent.
If there is no immediate safety threat, but the person refuses to leave, document the situation and seek legal advice about whether you need a notice to vacate, eviction, protective order, or other court remedy.
Do not assume that calling law enforcement will automatically remove the person. Also do not assume that because law enforcement does not remove them immediately, you have no options.
You may have options.
They just may need to go through the courthouse instead of the patrol car.
Judith L. Hampton
Attorney At Law
Hampton At Law
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