A Louisiana eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Louisiana, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Louisiana Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice to Quit | Unpaid Rent | Yes |
| 5 Day Notice to Comply or Vacate | Lease Violation | Yes |
| 10 Day Notice to Vacate | Monthly Lease / No Lease | No |
Louisiana 5 Day Notice to Quit
A Louisiana 5 Day Notice to Quit form is used for an eviction for unpaid rent. The tenant has the opportunity to pay the past due balance in full or vacate the premises within five (5) calendar days, not counting legal holidays.
Louisiana 5 Day Notice to Comply or Vacate
A Louisiana 5 Day Notice to Comply or Vacate eviction notice form is used for curable lease violations. Examples of lease violations are failing to maintain the rental unit in a clean and sanitary manner, damaging the premises or interfering with the peace and enjoyment of other persons. At the discretion of the landlord, the tenant may be given an opportunity to remedy the breach and remain at the premises. Otherwise the tenant must move out within five (5) calendar days, not counting legal holidays.
Louisiana 10 Day Notice to Vacate
A Louisiana 10 Day Notice to Vacate is a lease termination letter served by either party to terminate 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. The notice must be provided at least ten (10) calendar days prior to the end of the month or current rental period.
How to Write an Eviction Notice in Louisiana
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Louisiana
An eviction notice in Louisiana takes effect the day after it is served. If the notice period is less than seven (7) days, legal holidays are not included, so all days except legal holidays may be counted. If the notice period is seven (7) days or longer, all days are counted in the period, including legal holidays. Regardless of the notice period length, if the last day falls on a legal holiday, then the notice period will not officially expire until the end of the next day that is not a legal holiday.
How to Serve an Eviction Notice in Louisiana
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 at 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.
Source Link
