Dealing with a non-paying or non-compliant tenant is one of a landlord’s biggest stressors. Furthermore, the eviction process in East Baton Rouge Parish is strict; in fact, one simple mistake can get your case dismissed. Before you can file an eviction (a “Rule for Possession”), you must correctly serve the tenant with a Louisiana 5-Day Notice to Vacate. Therefore, this guide will explain the Baton Rouge eviction process and why professional service is the most important step you can take.
Key Takeaways 🔑
- The 5-Day Notice is Mandatory: You cannot file an eviction in Baton Rouge for non-payment (or other breaches) without first legally delivering a 5-Day Notice to Vacate.
- Service Method is Critical: How you deliver the notice is governed by law. A text message, email, or simple letter is not legally sufficient and will get your case thrown out.
- Proof is Everything: A professional process server provides a legally binding Affidavit of Service, which is your proof for the judge that you served the notice correctly.
- Two Serves Required: The eviction process requires two separate services: 1) The 5-Day Notice to Vacate, and 2) The “Rule for Possession” (the court summons) after you file.
Step 1: The “5-Day Notice to Vacate” in East Baton Rouge Parish 📝
Your first and most critical step is the Louisiana 5-Day Notice to Vacate (also called a “Notice to Quit”).
What is it? This formal, written document informs the tenant they have five business days (excluding weekends and holidays) to move out. You must clearly state the reason (e.g., “non-payment of rent”) and you must deliver it before you can go to court.
Why is it so important? The 5-Day Notice is the legal foundation of your eviction. If the tenant doesn’t move, your “Rule for Possession” filing at the Baton Rouge City Court or 19th JDC will require proof that you served this notice. If you can’t prove it, your case is over before it begins.
Step 2: How You Must Serve the Notice 🧑⚖️
Landlords often make their most costly mistakes here. You cannot just tape it to the door (in most cases) or send it in the mail. In fact, Louisiana law is specific. Service is valid if you:
- Deliver it in Person to the tenant.
- Deliver it to a Person of Suitable Age at the tenant’s residence.
- “Tack” or Post it on the door only if you cannot find the tenant (or a suitable person) after diligent effort.
Why hire a professional process server for this? A private process server is an independent third party who understands these rules. We make diligent attempts and also document them. Subsequently, we provide you with a notarized Affidavit of Service. This affidavit is your ironclad proof for the judge that you followed the law.
(Video Block) Watch: The Baton Rouge Eviction Process Explained 🎬
Step 3: What Happens After the 5 Days? ➡️
If the tenant has not moved after five business days, you can now take your proof of service (our affidavit) and your eviction paperwork to the courthouse to file a “Rule for Possession” (the eviction lawsuit).
This is the second time you need a server.
Specifically, the court will issue a summons that you must also legally serve on the tenant. This second service tells the tenant the official court date where they must appear.
Our team handles both steps. We serve the initial 5-Day Notice, and when it’s time, we are ready to serve the official Rule for Possession from the court.
Don’t Risk Your Case. Get Professional Proof. ⚖️
“Baton Rouge Process Servers is the only team I trust to handle my 5-Day Notices. They are fast, professional, and their affidavits are perfect every time. I never have to worry about my evictions getting dismissed over bad service.” – Local Property Manager, Baton Rouge
Helpful Resources & PDF Downloads 📥
- Sample Louisiana 5-Day Notice to Vacate Form (PDF)
- Baton Rouge City Court Eviction Information
- 19th JDC Self-Help Resource Center
- Louisiana Code of Civil Procedure Art. 4701 (The Law)
- Eviction Notice Louisiana
- A Landlord’s Guide to the 5-Day Notice to Vacate in Baton Rouge
- Louisiana Eviction Notice
- A Landlord’s and Tenant’s Guide to Eviction in East Baton Rouge Parish 🔑
- Ensuring Proper Eviction Notices in Louisiana with Lafayette Process Servers LLC
Frequently Asked Questions (FAQ)
Q: Can I just mail the 5-Day Notice or send it as a text? A: Generally, no. Louisiana law is specific about service. Relying only on mail, text, or email is not legally sufficient and can cause your eviction to be dismissed. The notice must be personally delivered, given to a suitable person at the residence, or posted on the door after diligent attempts.
Q: What if the tenant avoids service or isn’t home? A: This is a primary reason to hire a professional. We are trained to make and document diligent attempts. If the tenant cannot be located, we can legally “tack” (post) the notice and provide a notarized Affidavit of Service detailing our attempts, which will hold up in court.
Q: What is the main difference between the 5-Day Notice and the “Rule for Possession”? A: The 5-Day Notice is the warning you must give the tenant before you can file a lawsuit. The “Rule for Possession” is the actual lawsuit (the court summons) that is filed with the court after the 5 days have passed, which schedules the court date. Both documents must be legally served.
Q: Does the 5-day period include weekends or holidays? A: No. The 5-day period consists of five “business days,” which do not include weekends or legal holidays.
Conclusion: Make Your Eviction Count ✅
The eviction process in Baton Rouge is not a “do-it-yourself” project. Having a professional process server from Baton Rouge Process Servers handle your 5-Day Notice and subsequent court papers is a small investment that protects you from losing weeks of time and money on a dismissed case.
We are experts in the procedures for the Baton Rouge City Court and the 19th Judicial District Court. We ensure your service is fast, compliant, and proven.
Don’t wait. Contact us today at (225) 243-9669 UPload Forms upload your 5-Day Notice for immediate, professional service.
About the Author
Scott Frank is the founder of Lafayette Process Servers LLC, bringing over 20 years of dedicated experience in Louisiana legal support services. He is a recognized expert in service of process, skip tracing, and the specific procedures of the 19th JDC, Baton Rouge City Court, and surrounding parishes.
⚠️ Disclaimer:
This article is for informational purposes only and does not constitute legal advice. You must consult with a qualified Louisiana attorney for advice on your specific eviction case. We are not lawyers; we are professional process servers.
