Louisiana Eviction Notice

Types of Louisiana Eviction Notice Forms

In Louisiana, landlords must utilize specific eviction notice forms based on the circumstances surrounding the eviction. The primary types of eviction notices include:

Short-Term Notices (5 Days)

1. 5-Day Notice to Quit (Non-Payment)

• Purpose: Landlords issue this notice when tenants fail to pay rent
• Notice Period: Tenants must pay all past due rent or vacate within five (5) calendar days after landlords serve the notice
• Legal Reference: Louisiana Code of Civil Procedure Title XI, Article 4701

2. 5-Day Notice to Comply or Vacate (Non-Compliance)

• Purpose: Landlords issue this notice for lease violations that are curable
• Notice Period: Tenants must correct the lease violation or vacate within five (5) calendar days
• Legal Reference: Louisiana Code of Civil Procedure Title XI, Article 4701

Extended Notices (10 Days)

3. 10-Day Notice to Vacate (Month-to-Month Lease)

• Purpose: Landlords use this notice to terminate month-to-month leases or expired leases
• Notice Period: Tenants must vacate at least ten (10) calendar days before the termination date
• Legal Reference: Louisiana Code of Civil Procedure Title XI, Article 2728

Legal Grounds for Eviction

Valid Eviction Reasons

Landlords in Louisiana can evict tenants for various reasons, including:

• Nonpayment of Rent: Requires a 5-day notice
• Lease Violations: Requires a 5-day notice
• Termination of Month-to-Month Lease: Requires a 10-day notice
• Lease Holdover: Requires a 5-day notice

Legal Compliance Standards

Moreover, landlords must ensure all eviction notices comply with Louisiana state law. Therefore, proper documentation and adherence to notice periods are essential for successful eviction proceedings.

How to Write an Eviction Notice in Louisiana

Required Information

When preparing eviction notices, landlords should ensure the following details are included:

1. Tenant Information: Full name and address of the tenant
2. Lease Violation Details: Specifics of the lease violation or balance due
3. Termination Date: Clearly state the date by which tenants must comply
4. Landlord Information: Print name, signature, and address of the landlord
5. Delivery Method: Note the date and method of delivery of the notice

Legal Compliance Requirements

Additionally, eviction notices must comply with Louisiana Code of Civil Procedure requirements. Therefore, landlords should ensure all required elements are present and accurate. Furthermore, notices should use clear, understandable language that tenants can easily comprehend.

How to Serve an Eviction Notice in Louisiana

Acceptable Service Methods

Landlords must serve eviction notices to tenants using one of the following methods:

1. Hand Delivery: Deliver the notice directly to the tenant
2. Certified Mail: Send the notice to the tenant’s last known address via certified mail
3. Tacked to Door: If the tenant’s whereabouts are unknown, landlords may tack the notice to the door of the rental property

Service Documentation

Moreover, landlords should document the service method used. Therefore, proper documentation includes the date, time, and method of delivery. Additionally, landlords should keep copies of all return receipts for their records.

The Eviction Process in Louisiana

The eviction process involves several steps:

Step 1: Serve the Eviction Notice

Landlords must provide tenants with written eviction notices that include the reason for eviction and the required notice period.

Step 2: File Petition for Eviction

If tenants do not comply with the notice, landlords can file a petition for eviction with the appropriate local court.

Step 3: Court Hearing

Courts will schedule a hearing where both landlords and tenants can present their cases. Furthermore, judges will then decide whether the eviction can proceed.

Step 4: Judgment of Eviction

If courts rule in favor of landlords, they will issue a judgment of eviction.

Step 5: Warrant for Possession

If tenants do not vacate the property after the judgment, landlords can obtain a Warrant for Possession to have tenants forcibly removed.

 

Statutes

• • La. Stat. tit. 9 § 3251 – Lessee’s deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
  • La. Stat. tit. 9 § 3252 – Failure of lessor to comply; recovery of amounts by lessee; venue
  • La. Stat. tit. 9 § 3253 – Cost’s and attorney’s fees
  • La. Stat. tit. 9 § 3259 – Unpaid rent; attorney fees
  • La. Stat. tit. 9 § 3260 – Premises rendered uninhabitable; mitigation of damages
  • La. Civ. Code art. 2682 – The lessor’s principal obligations
  • La. Civ. Code art. 2683 – The lessee’s principal obligations
  • La. Civ. Code art. 2688 – Obligation to inform lessor
  • La. Civ. Code art. 2690 – Alterations by the lessor prohibited
  • La. Civ. Code art. 2692 – Lessee’s obligation to make repairs
  • La. Civ. Code art. 2694 – Lesse’s right to make repairs
  • La. Civ. Code art. 2703 – When and where rent is due
  • La. Civ. Code art. 2720 – Termination of lease with a fixed term
  • La. Civ. Code art. 2721 – Reconduction
  • La. Civ. Code art. 2723 – Term of reconducted nonagricultural lease
  • La. Civ. Code art. 2728 – Notice of termination; timing
  • La. Stat. tit. 9 § 2782 – Nonsufficient fund checks; damages, attorney fees
  • La. Civ. Code art. 3499 – Personal action
  • La. Code Civ. Proc. art. 4701 – Termination of lease; notice to vacate; waiver of notice
  • La. Public Health and Safety § 40:506 – Termination of tenancy
  • La. Rev. Stat. § 9:3261.1 – Domestic Violence Situations
  • La. Civ. Code Art. 2691 – Repairs
  • La. Civ. Code Art. 2713 – Subleasing
  • Attorney General’s Guide to Louisiana’s Landlord & Tenant Laws (Proper Eviction Procedures, Cont.)
  • Attorney General’s Guide to Louisiana’s Landlord & Tenant Laws (Non-payment of Rent)