If you are a landlord an eviction notice is an essential legal instrument you need to prepare with care. Customize your own Louisiana eviction notice with our step-by-step template designer.
Last Update July 21st, 2021
Louisiana Eviction Notice Types
To evict a tenant successfully in Louisiana you must present them with the appropriate eviction notice for the circumstances. This allows you to conform with the laws in Louisiana by providing a legally valid reason for the eviction and the correct amount of notice necessary under LA statutes.
Choosing the right kind of eviction notice is key to removing a tenant quickly. If you don’t follow the legally mandated rules, you may have the eviction overturned or delayed by the local courts.
5-Day Notice to Vacate (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 5-Day Notice to Vacate. This obliges them to pay rent or quit within 120 hours from the day following the service of the notice.
The landlord can choose whether this notice is curable or incurable. If the tenant refuses to pay or vacate the property, the landlord will be able to pursue the matter further through the Louisiana courts.
5-Day Notice to Vacate (Non-Compliance)
In the case of a lease violation, the landlord may issue a 5-Day Notice to Vacate for Non-Compliance. This will often give the tenant 5 days to correct the breach before they will be obliged to leave the property.
However, unconditional 5-Day Notices to Vacate can be issued too if the landlord chooses to. These don’t give the tenant any chance to correct their breach of the lease.
10-Day Notice to Vacate (Month-to-Month
10 Day-Notice to Vacate documents are used to evict month-to-month tenants in Louisiana or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property at least 10 days before the end of their current rental term.
Louisiana Eviction Laws
An eviction notice in Louisiana is only legally valid if it provides the correct amount of notice based on the purpose for the lease termination. The reason you evict the resident must also comply with LA law.
In Louisiana, you may evict someone for the following reasons:
Nonpayment of rent: 5 days’ notice
Lease violations: 5 days’ notice
Termination of a month-to-month lease: 10 days’ notice
The Louisiana eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Louisiana Eviction Process
The Louisiana eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by LA state law. To correctly complete an eviction in Louisiana, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a Rule for Possession case with a city court or justice of the peace and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate after 24 hours, the owner may process a Warrant for Possession with the court clerk.
Step 5: When the Warrant for Possession has been processed the landlord may file the document with the county sheriff. The tenant will then have a short time to leave before being forcibly evicted.
FAQs About Louisiana Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Louisiana’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Louisiana?
To successfully evict a tenant in Louisiana state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long Does It Take to Evict a Tenant in Louisiana?
In many cases, a Louisiana eviction can be completed in a few days. Once the eviction notice is served, the tenant will have between 5 - 10 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 5 weeks depending on how busy the justice of the peace or city court system is at the time.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Louisiana eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.