A Louisiana 5 Day Notice to Comply or Vacate is an official eviction document delivered to the tenant for a curable lease breach. The tenant may have the option to correct the lease violation at the landlord’s discretion, otherwise they must move out within five (5) calendar days, not counting legal holidays.
When to Use a Louisiana 5 Day Notice to Comply or Vacate
Use a 5-Day Notice to Comply or Vacate to begin the eviction process in Louisiana:
- If the tenant failed to maintain the premises in a clean and sanitary manner.
- If the tenant violated the rules with unauthorized pets.
- If the tenant violated the rules with too many occupants.
- If the tenant committed any other violations of the lease or property rules.
If none of the above are true, use one of the below forms to evict a tenant:
- 5 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 10 Day Notice to Vacate – If the tenant or the landlord is ending a month-to-month lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Louisiana 5 Day Notice to Comply or Vacate
The 5 Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Indicate how the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Louisiana 5 Day Notice to Comply or Vacate
A landlord can deliver notices in Louisiana using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Posting the notice in a conspicuous place on the premises, such as the entry door AND mailing the notice by certified mail with a return receipt;
- Mailing the notice by certified mail with a return receipt.
A notice sent by mail is considered served/delivered upon receipt. A landlord shall keep the proof of mailing / return receipt along with the original notice for their records.
Sources
- 1 LA Code Civ Pro art. 5059
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In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.
B. A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:
(1) It is expressly excluded;
(2) It would otherwise be the last day of the period; or
(3) The period is less than seven days.
Source Link - 2 LA Civ Code art. 2683
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The lessee is bound:
(1) To pay the rent in accordance with the agreed terms;
(2) To use the thing as a prudent administrator and in accordance with the purpose for which it was leased; and
(3) To return the thing at the end of the lease in a condition that is the same as it was when the thing was delivered to him, except for normal wear and tear or as otherwise provided hereafter.
Source Link - 3 LA Rev Stat § 9:3259
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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.
Source Link