A Louisiana 5 Day Notice to Quit is a legal eviction letter written by the landlord and served to the tenant for nonpayment of rent. The tenant has the option to pay the balance due or vacate the premises within five (5) calendar days, not counting legal holidays.
When to Use a Louisiana 5 Day Notice to Quit
Use a 5-Day Notice to Quit to begin the eviction process in Louisiana if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- 5 Day Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, violated rules with too many occupants at the premises or unauthorized pets or any other violations of the lease.
- 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 Quit
The Louisiana 5 Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- Explain where the total amount due should be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- 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 Quit
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 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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