What is an Eviction Notice in Louisiana?

An eviction notice, also known as a “Notice to Vacate” or “Notice to Quit,” is the formal written
communication from a landlord to a tenant indicating the landlord’s intent to terminate the tenancy
and regain possession of the property. In Louisiana, this notice is the first legal step in the
eviction process and must comply with specific state statutes to be valid. It serves to inform the
tenant of the reason for eviction and the timeframe within which they must remedy the issue or vacate
the premises.

Types of Eviction Notices in Louisiana

Louisiana law specifies different types of eviction notices depending on the reason for the eviction.
Understanding which notice applies to your situation is vital for compliance with
Louisiana eviction laws.

1. 5-Day Notice to Vacate (Non-Payment of Rent)

This is the most common type of eviction notice. If a tenant fails to pay rent on time, the landlord
can issue a 5-Day Notice to Vacate. This notice informs the tenant that they have five (5) calendar
days to pay the overdue rent or move out of the property. It’s important to note that Louisiana law
does not typically require a “grace period” for rent payment unless explicitly stated in the lease
agreement. If the tenant fails to comply within the five days, the landlord can then file an eviction
lawsuit (Rule for Possession) with the court.

2. 10-Day Notice to Vacate (Lease Violation or End of Lease)

A 10-Day Notice to Vacate is generally used for:

• Lease Violations: When a tenant breaches a term of the lease
  agreement other than non-payment of rent (e.g., unauthorized pets, property damage, illegal activities,
  excessive noise). The notice gives the tenant ten (10) calendar days to cure the violation (if curable)
  or vacate the property.
• Termination of Month-to-Month Tenancy: If there is no specific
  end date in the lease, or if the lease has expired and converted to a month-to-month agreement, a
  landlord can terminate the tenancy by providing a 10-day written notice before the end of the rental
  period. This notice does not require a reason.

3. 24-Hour Notice to Vacate (Serious Lease Violations)

In rare and extreme cases, Louisiana law allows for a 24-Hour Notice to Vacate. This is typically
reserved for very serious lease violations, such as:

• Illegal drug activity on the premises.
• Criminal activity that threatens the safety or well-being of others.
• Severe property damage.

This notice requires the tenant to vacate within 24 hours. Due to its strict nature, landlords should
consult with legal counsel before issuing a 24-hour notice to ensure it is legally justified.

Legal Requirements for Eviction Notices

For an eviction notice Louisiana to be legally valid, it must
meet several criteria:

• Written Format: All eviction notices must be in writing.
  Oral notices are not legally binding.
• Proper Delivery: The notice must be properly delivered to
  the tenant. Acceptable methods usually include:
  • Personal delivery to the tenant.
  • Leaving the notice with a person of suitable age and discretion residing at the property.
  • Posting the notice on the door of the rental unit if personal delivery is not possible after reasonable attempts.
  • Certified mail with a return receipt (though personal service is often preferred for proof).
• Clear Information: The notice must clearly state:
  • The tenant’s name and the property address.
  • The reason for the eviction (e.g., non-payment of rent, specific lease violation).
  • The amount of rent due, if applicable.
  • The date by which the tenant must comply or vacate.
  • A statement that failure to comply will result in an eviction lawsuit.
• Landlord’s Signature: The notice should be signed by the
  landlord or their authorized agent.

The Eviction Process in Louisiana (After the Notice)

Issuing an eviction notice is just the first step. If the tenant does not comply, the landlord must
follow a strict legal process:

1. Filing a Rule for Possession: After the notice period expires,
   if the tenant has not complied, the landlord must file a “Rule to Show Cause for Possession” (often
   called a “Rule for Possession” or “Eviction Rule”) with the local Justice of the Peace Court or City Court.
2. Service of Process: The court will issue a summons, which must
   be legally served on the tenant by a sheriff or constable. This informs the tenant of the court date.
3. Court Hearing: Both parties will present their case to a judge.
   The landlord must prove that proper notice was given and that the tenant violated the lease or failed to pay rent.
4. Judgment: If the judge rules in favor of the landlord, a
   “Judgment of Eviction” (or “Warrant for Possession”) will be issued.
5. Warrant for Possession: If the tenant still does not vacate,
   the landlord can request a “Warrant for Possession” from the court. This warrant authorizes the
   sheriff or constable to physically remove the tenant and their belongings from the property.
6. Physical Eviction: Only a sheriff or constable can legally
   perform a physical eviction. Landlords cannot forcibly remove tenants or their belongings themselves.

Tenant Rights Louisiana: What to Do if You Receive an Eviction Notice

If you receive an eviction notice Louisiana, it’s crucial to
act quickly and understand your tenant rights Louisiana:

• Do Not Ignore It: Ignoring the notice will only worsen the situation.
• Review the Notice Carefully: Check if the notice is properly
  filled out, states the correct reason, and provides the correct timeframe.
• Consult Your Lease Agreement: Compare the reasons stated in
  the notice with the terms of your lease.
• Communicate with Your Landlord: If possible, try to resolve
  the issue directly with your landlord. If it’s about unpaid rent, see if you can make arrangements to pay.
• Seek Legal Advice: It is highly recommended to consult with
  an attorney specializing in landlord-tenant law Louisiana.
  They can review your situation, advise you on your rights, and represent you in court if necessary.
  Legal aid organizations may also offer assistance.
• Prepare for Court: If the landlord files an eviction lawsuit,
  gather all relevant documents (lease agreement, rent receipts, communication with landlord, photos)
  and be prepared to present your case to the judge.
• Do Not Self-Evict: Do not move out unless you are certain you
  want to, or if a court has ordered your eviction.

Louisiana Notice to Vacate Form

Below is a general template for a Louisiana Notice to Vacate form. Please remember that this is for
informational purposes only and should be completed with careful attention to detail and, ideally,
with the guidance of a legal professional.

Disclaimer: This form is a general template. It is highly
recommended to consult with a Louisiana attorney to ensure your notice complies with all current
state and local laws, and to properly serve the notice.