A Louisiana 5 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within five (5) days, not counting legal holidays.
When To Use a Louisiana 5 Day Notice To Quit
A Louisiana 5 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.
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 Quit
To help ensure the legal compliance of a Notice To Quit:
- 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 the necessary payment 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 Quit
Louisiana landlords may deliver a Notice To Quit using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party
- Delivery by certified mail, with a return receipt
Landlords must keep a copy of any notice delivered for their own records, a long with proof of mailing and return receipt. If the tenant’s location is unknown, or the rental premises are abandoned, the landlord may deliver notice by posting it to the entry 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 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.
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