In Louisiana, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Louisiana?
In Louisiana, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Louisiana?
In Louisiana, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 5 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Louisiana, rent is late starting the day after it’s due.
Acceptable Forms of Service in Louisiana
Louisiana landlords and tenants can in most cases agree in the lease on policies for delivery of an initial written eviction notice. If the lease is silent, the law requires a delivery method that is “reasonable in form.” These methods, taken from eviction for nonpayment of rent on an oral lease, are legally sufficient for most situations:
- Hand delivery to the tenant
- Delivery by certified mail, to the tenant’s last known address
If the tenant’s whereabouts are unknown, notice may be tacked to the door of the premises.
In Louisiana, a tenant can waive notice requirements if agreed, in writing, by the lease. This lets a landlord file for eviction immediately when terminating a lease. Check written leases carefully.
Obtaining Proof of Service in Louisiana
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified Mail – via return receipt and by completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a time-stamped photograph and completing a Declaration of Service at the time of delivery
Louisiana Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 5 Day Notice To Quit | Eviction for Unpaid Rent |
| 5 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 5 Day Notice To Vacate | Ending a Weekly Lease |
| 10 Day Notice To Vacate | Ending a Monthly Lease / No Lease |
| 30 Day Notice To Vacate | Ending a Lease of Longer than 1 Month / Yearly |
Sources
- 1 La. Civ. Code art. 2024
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A contract of unspecified duration may be terminated at the will of either party by giving notice, reasonable in time and form, to the other party.
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For implicit guidance on what form of notice delivery may be reasonable in a leasing context, see, e.g., La. Stat. tit. 9 § 3259(B) & (C):
B. Delivery of written demand for purposes of this Section may be accomplished by mailing the written demand by certified mail to the last known address of the lessee, by personal delivery to the lessee or by tacking the written demand on the door of the leased premises.
C. The provisions of this Section shall apply to oral leases only.
See also La. Stat. tit. 9 § 3259.3 (“The notice shall be delivered in person to the lessee or sent by certified mail to the last known address of the lessee.”)
Source Link - 2 La. Code Civ. Proc. art. 4701
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When a lessee’s right of occupancy has ceased because of the termination of the lease by expiration of its term, action by the lessor, nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall cause written notice to vacate the premises to be delivered to the lessee.
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A lessee may waive the notice requirements of this Article by written waiver contained in the lease, in which case, upon termination of the lessee’s right of occupancy for any reason, the lessor or his agent may immediately institute eviction proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil Procedure.
- 3 La. Code Civ. Proc. art. 4703
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If the premises are abandoned or closed, or if the whereabouts of the lessee or occupant is unknown, all notices, process, pleadings, and orders required to be delivered or served on the lessee or occupant under this Title may be attached to a door of the premises, and this shall have the same effect as delivery to, or personal service on, the lessee or occupant.
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(Note that posting to the door of the premises is a valid method of service for premises that have NOT been abandoned, per La. Stat. tit. 9 § 3259(B), but ONLY in the highly specific context of evicting an oral lessee for nonpayment of rent.)
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