What Is a Louisiana Eviction Notice?
A Louisiana eviction notice is a written document that informs a tenant that they have violated the lease and must either remedy the situation or leave the property. It is usually the first step in the eviction process. It gives the tenant an opportunity to resolve the issue before the landlord files an eviction. Landlords in Louisiana may use eviction notice forms for the following reasons:
- Unpaid rent
- Lease violations (such as keeping unauthorized pets or occupants, or damaging property)
Under LA Code Civ Pro Art. 4701 – 4702, landlords must provide a written notice before seeking to remove a tenant. The type and length of the notice period required may vary depending on the reason for the eviction, but a minimum of 5 days is required by law. Note that an eviction notice does not immediately remove a tenant from a property. The landlord must still go through the Louisiana court system to complete the eviction process.
Types of Eviction Notices in Louisiana
If a tenant in Louisiana has not paid rent or has broken the lease, a Louisiana eviction notice can help a landlord start the legal process. Note that the notice served must match the reason for the eviction. Incorrect notices could delay the process or lead the court to dismiss your case.
5-Day Eviction Notice in Louisiana (for Nonpayment of Rent)
A 5-day notice to quit for non-payment of rent informs a tenant that they must pay overdue rent or leave the rental property within 5 days (LA Code Civ Pro Art. 4701). Landlords commonly use this notice when the tenant hasn’t paid rent, and it is well past due. The waiting period begins on the day after the 5-day notice to vacate in Louisiana is delivered. Weekends and legal holidays do not count toward the five-day deadline.
Some Louisiana lease agreements may include a written waiver of notice. If a tenant has agreed to a valid waiver in the lease, the landlord may not be required to provide notice before asking the tenant to vacate or before beginning eviction proceedings. Make sure you read your lease terms carefully.
5-Day Notice to Quit for Non-Payment
Use this notice to vacate to evict a tenant if they haven’t paid rent on time.
5-Day Eviction Notice in Louisiana (for Noncompliance)
A 5-day notice to quit for non-compliance is used when a tenant violates the terms of the lease agreement for reasons other than unpaid rent. Common reasons may include:
- Keeping a pet without permission
- Letting an unauthorized person live in a rental unit
- Damaging the property
- Using the property for prohibited activities
This 5-day notice to vacate is used in Louisiana to inform the tenant of the violation and provide a deadline to comply with the lease or vacate.
5-Day Notice to Quit for Non-Compliance
Landlords must give tenants a 5 days notice period before the Louisiana eviction process can begin in court.
10-Day Notice to End a Month-to-Month Lease
Landlords in Louisiana must give tenants a 10-day written notice to end a month-to-month lease without a lease violation. This notice also serves as the required notice to vacate before the landlord can file for eviction if the tenant does not move out (LA Civ Code Art. 2728).
10-Day Lease Termination
Landlords and property owners must give tenants 10 days’ written notice to move out if they’re on a month-to-month tenancy.
How to Evict Someone in Louisiana
There are certain legal steps that landlords in Louisiana must take in order to remove a tenant from the property. Read our step-by-step guide below to understand this process:
Step 1 – Serve the Eviction Notice
You must serve the tenant with the appropriate eviction notice for the issue. Landlords should keep records showing when and how the notice was delivered. If a rental property has been abandoned, or is closed, or the tenant’s whereabouts are unknown, Louisiana law allows the notice to be posted on the property (LA Code Civ Pro Art. 4703).
Step 2 – Wait for the Notice Period to Expire
Once the tenant receives the notice, they may choose to:
- Pay overdue rent
- Correct the lease violation
- Move out voluntarily
The options available to the tenant depend on the type of notice served and the terms of the lease agreement. Note that self-help evictions are not allowed in Louisiana. Therefore, landlords cannot change locks, shut off utilities, or remove a tenant’s belongings.
Step 3 – File an Eviction Lawsuit
If a tenant does not comply, the landlord may file an eviction lawsuit in the appropriate Louisiana court. The court may issue a rule to show cause as per LA Code Civ Pro Art 4731. This requires the tenant to appear in court and explain why they should be allowed to remain in the rental property. The rule to show cause allows both parties to present their case before the judge and officially begins the eviction process.
Step 4 – Attend the Eviction Hearing
After the lawsuit has been filed, the court may schedule a hearing. This hearing generally must take place at least three days after the tenant is served with the rule to show cause (LA Code Civ Pro Art 4732). If the judge rules in favor of the landlord, the court may issue an order requiring the tenant to leave the property.
Step 5 – Receive the Warrant for Possession
If a tenant does not leave after the eviction order has been issued, the landlord may request a warrant for possession. Under LA Code Civ Pro Art 4733, the court may direct the tenant to leave the property within 24 hours. If the tenant remains after that period, law enforcement officials may remove them from the property.
Sample Louisiana Eviction Notice
See a sample Louisiana eviction notice template below to understand what information landlords typically need to include when notifying tenants about unpaid rent or lease violations. Legal Templates’s guided questionnaire helps you create a customized notice that meets state requirements. Once you’re ready, customize the notice to meet your needs, and download it in PDF or Word format.
