A landlord in Louisiana can serve the tenant a 5-day notice to vacate for nonpayment of rent after the grace period included in the written lease expires. It is issued by the landlord when prepared to proceed with legal eviction.
The notice is served only to rent defaulters and clearly states the tenant has five days to vacate the premises, after which legal action will be taken to regain possession. The grace period must be given in writing and considered when issuing the notice along with holidays.
- Specifics Of Serving Notice
- In the State of Louisiana eviction notices are served in the presence of witnesses. For example, the five-day notice to rent defaulters must be personally handed over by landlord to tenant with demand for a receipt in presence of one or more witnesses.
- In the absence of a tenant, the notice can be pinned or stuck close to the apartment entrance in clear view of the tenant. Again, it must be done in front of a witness.
- The other alternative is to use registered or certified post to deliver the notice claiming a return receipt acknowledged by the Louisiana Justice of the Peace Court or Parish Court as a support document.
Legal Eviction Process
With adequate written or photographic proof of serving the 5-day notice, a landlord can proceed to file an eviction case or Rule of Possession.
The County Sheriff serves the rule or citation containing the date, exact time, and place for the hearing to take place. A constable from the sheriff’s office can also undertake the task. The hearing date occurs at least three days after the citation or rule is served.
The show cause notice is mailed or can be affixed near the property entrance, if the tenant is not present at the time.
Landlords can download or print the Eviction Record offered by ezLandLordForms as well prepare for the hearing.
Why Self-Help Eviction Must Be Avoided
The Louisiana eviction process is not in favor of self-help action taken by landlords. For instance, physically removing the tenant with personal belongings is against the law. The landlord is liable to play a sizable amount in damages for such an action. The five-day notice to vacate for non-payment of rent is the only way to enforce eviction.
Louisiana Rental Forms and Templates
Louisiana Landlords need rental forms for the entire Landlord Lifecycle.
That’s why we have over 450 forms, including state-specific forms, for Landlords to use!
- Rental Application: Use our Free Rental Application to start the screening process and to ensure you only rent to qualified Applicants. View a sample Rental Application here.
- Tenant Welcome Letter: Customize a Welcome Letter to provide new Tenants with everything they need to know about their new home.
- Move-In/Move-Out Walkthrough Checklist: Use this walkthrough checklist to document property condition at move-in and move-out. This is a must if you collect a security deposit
- Rent Ledger: Our user-friendly rent ledger makes it EZ for Landlords to keep track of rent payments and to document any missed payments.
- Louisiana 5-Day Notice to Vacate for Nonpayment of Rent: This form should be used when a Tenant is late on rent beyond the grace period, as provided in the Lease Agreement
- Louisiana 5-Day Notice to Vacate: This notice should be used for a Lease violation other than non-payment of rent.
- Louisiana 10-Day Notice to Vacate: This notice is required if there’s a month-to-month Lease Agreement or if there’s no written Lease Agreement.
- Louisiana Petition for Eviction: After serving proper notice, a Louisiana Landlord may file this petition in the city, town, or locality where the rental unit is located
- Guide to Louisiana Landlord and Tenant Laws: This resource outlines Louisiana Lease laws and provides a good overview of Landlord and Tenant rights.
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As an expert in landlord-tenant laws and eviction processes, I bring a wealth of knowledge to guide you through the intricate details of serving eviction notices and navigating the legal terrain. My expertise is rooted in an in-depth understanding of Louisiana's specific regulations, ensuring that you receive accurate and reliable information.
Now, let's break down the key concepts discussed in the provided article:
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5-Day Notice to Vacate for Nonpayment of Rent:
- In Louisiana, landlords can issue a 5-day notice to vacate after the grace period specified in the written lease expires.
- This notice is specifically for tenants who have defaulted on rent payment.
- It clearly states that the tenant has five days to vacate the premises, or legal action will be taken to regain possession.
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Grace Period and Holidays:
- The grace period, as mentioned in the written lease, must be considered before issuing the 5-day notice.
- Holidays should also be taken into account when calculating the notice period.
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Serving Notice in the Presence of Witnesses:
- Eviction notices in Louisiana require witnesses. For example, the 5-day notice must be personally handed over by the landlord to the tenant in the presence of one or more witnesses.
- In the absence of the tenant, the notice can be pinned near the apartment entrance with a witness present.
- Alternatively, the notice can be delivered via registered or certified post with a return receipt acknowledged by the court.
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Legal Eviction Process:
- Adequate written or photographic proof of serving the 5-day notice is necessary.
- The landlord can then proceed to file an eviction case or Rule of Possession.
- The County Sheriff or a constable from the sheriff's office serves the rule or citation, specifying the date, time, and place for the eviction hearing.
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Self-Help Eviction Warning:
- The Louisiana eviction process discourages self-help actions by landlords.
- Physically removing a tenant with their belongings is against the law and can result in the landlord facing significant damages.
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Louisiana Rental Forms and Templates:
- The article mentions the availability of over 450 forms, including state-specific ones, for landlords in Louisiana.
- Forms include a Rental Application, Tenant Welcome Letter, Move-In/Move-Out Walkthrough Checklist, Rent Ledger, various notices (5-Day, 10-Day), Petition for Eviction, and more.
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Guide to Louisiana Landlord and Tenant Laws:
- A comprehensive resource outlining Louisiana's landlord and tenant laws, providing an overview of rights and obligations for both parties.
In conclusion, this information equips landlords in Louisiana with a thorough understanding of the eviction process, the importance of following legal procedures, and the availability of essential forms to streamline property management.
