Louisiana Eviction Notice
A Louisiana eviction notice is a legal document used by landlords to inform tenants of their non-compliance with lease terms. This notice outlines the reason for eviction and provides the tenant with a specified time frame to address the issue or vacate the property. Failure to comply can lead to further legal actions for eviction.
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:
1. 5-Day Notice to Quit (Non-Payment)
- Purpose: Issued when a tenant fails to pay rent.
- Notice Period: The tenant must pay all past due rent or vacate within five (5) calendar days after the notice is served.
- Legal Reference: Louisiana Code of Civil Procedure Title XI, Article 4701.
2. 5-Day Notice to Comply or Vacate (Non-Compliance)
- Purpose: Issued for lease violations that are curable.
- Notice Period: The tenant must correct the lease violation or vacate within five (5) calendar days.
- Legal Reference: Louisiana Code of Civil Procedure Title XI, Article 4701.
3. 10-Day Notice to Vacate (Month-to-Month Lease)
- Purpose: Used to terminate a month-to-month lease or an expired lease.
- Notice Period: The tenant 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
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.
How to Write an Eviction Notice in Louisiana
When preparing an eviction notice, landlords should ensure the following details are included:
- Tenant Information: Full name and address of the tenant.
- Lease Violation Details: Specifics of the lease violation or balance due.
- Termination Date: Clearly state the date by which the tenant must comply.
- Landlord Information: Print name, signature, and address of the landlord.
- Delivery Method: Note the date and method of delivery of the notice.
How to Serve an Eviction Notice in Louisiana
The eviction notice must be served to the tenant using one of the following methods:
- Hand Delivery: Deliver the notice directly to the tenant.
- Certified Mail: Send the notice to the tenant’s last known address via certified mail.
- Tacked to Door: If the tenant’s whereabouts are unknown, the notice may be tacked to the door of the rental property.
The Eviction Process in Louisiana
The eviction process involves several steps:
Step 1: Serve the Eviction Notice
The landlord must provide the tenant with a written eviction notice that includes the reason for eviction and the required notice period.
Step 2: File Petition for Eviction
If the tenant does not comply with the notice, the landlord can file a petition for eviction with the appropriate local court.
Step 3: Court Hearing
The court will schedule a hearing where both the landlord and tenant can present their cases. The judge will then decide whether the eviction can proceed.
Step 4: Judgment of Eviction
If the court rules in favor of the landlord, a judgment of eviction will be issued.
Step 5: Warrant for Possession
If the tenant does not vacate the property after the judgment, the landlord can obtain a Warrant for Possession to have the tenant forcibly removed.
Important Legal References
- Louisiana Revised Statutes: Code of Civil Procedure Title XI, Articles 4701 through 4736.
- Notice Requirements: Louisiana Code of Civil Procedure Title XI, Article 2728.
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
FAQs
A Louisiana eviction notice is a legal document used by landlords to inform tenants of a lease violation or non-payment of rent, requiring them to either comply with the lease terms or vacate the property. It should be used when tenants fail to pay rent, violate lease provisions, cause damage, or engage in illegal activities.
In Louisiana, there are several types of eviction notices: a 5-Day Notice to Quit for non-payment of rent, a 5-Day Notice to Comply or Vacate for lease violations, and a 10-Day Notice to Vacate for terminating month-to-month leases. Each notice has specific requirements and timelines for compliance.
A tenant has five calendar days to respond to a 5-Day Notice in Louisiana, either by paying the overdue rent or correcting the lease violation. If the tenant does not comply within this timeframe, the landlord may proceed with eviction proceedings.
After serving an eviction notice, if the tenant does not comply, the landlord must file a Rule for Possession with the local court. This initiates the legal eviction process, which includes a court hearing where both parties can present their case.
No, a landlord cannot forcibly evict a tenant without first providing a proper eviction notice. Louisiana law requires landlords to give tenants written notice of the eviction before taking any further legal action.
If a tenant does not vacate the property after the notice period, the landlord can file an eviction lawsuit, known as a Rule for Possession, in the appropriate court. If the court rules in favor of the landlord, they may obtain a Warrant for Possession to forcibly remove the tenant.
A Louisiana eviction notice can be served by hand delivery to the tenant or by certified mail to their last known address. If the tenant’s whereabouts are unknown, the notice may be tacked to the door of the rental property.
Legal grounds for eviction in Louisiana include non-payment of rent, lease violations, and the termination of a month-to-month tenancy. Each reason requires a specific type of notice and corresponding notice period.
In Louisiana, there is no grace period for paying rent unless specifically stated in the lease agreement. Landlords can issue a 5-Day Notice to Quit the day after rent is due.