A Louisiana 5 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation. The tenant may have the option to correct the violation at the landlord’s discretion. If corrective action is not taken, the tenant must move out within five (5) days, not counting legal holidays, of receiving notice.
When To Use a Louisiana 5 Day Notice To Comply or Vacate
A Louisiana 5 Day Notice To Comply or Vacate begin the evictions process for the following tenant violations:
- Failure to maintain the premises in a clean and sanitary manner
- Hosting unauthorized pets
- Occupancy violations
- Other violations of the lease or property rules
Some types of Louisiana lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Louisiana 5 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and (if applicable) the necessary corrective action(s) to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Louisiana 5 Day Notice To Comply or Vacate
Louisiana landlords and tenants can in most cases agree in the lease on policies for delivery of an initial written Notice To Comply or Vacate. 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.
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. 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 - 4 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.
- 5 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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