A Louisiana lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of Louisiana Lease Termination Notice Forms
| Notice Form | Lease Type |
| 5 Day Notice To Vacate | Weekly |
| 10 Day Notice To Vacate | Monthly |
| 30 Day Notice To Vacate | Longer than 1 Month / Yearly |
Louisiana 5 Day Notice To Vacate
A Louisiana 5 Day Notice To Vacate terminates a tenancy equal to or longer than one (1) week, but shorter than one (1) month, as well as a situation without a written lease where the tenant pays rent weekly. The non-terminating party must receive the notice at least five (5) calendar days before the termination date.
Louisiana 10 Day Notice To Vacate
A Louisiana 10 Day Notice To Vacate terminates a month-to-month lease, as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive the notice at least ten (10) calendar days before the termination date.
Louisiana 30 Day Notice To Vacate
A Louisiana 30 Day Notice To Vacate terminates a rental agreement, including a year-to-year lease, where the frequency of rent payment is one (1) month or longer. The non-terminating party must receive the notice at least thirty (30) calendar days before the termination date.
How To Write a Lease Termination Notice in Louisiana
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 Calculate Expiration Date in Louisiana
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in Louisiana
Louisiana landlords and tenants can agree in the lease on policies for delivery of a written lease termination notice, so the lease controls in such cases. 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 other party
- Delivery by certified mail, to the other party’s last known address
If the tenant’s whereabouts are unknown, notice may be tacked to the door of the premises.
Sources
- 1 LA Civ Code art. 2728
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In a lease whose term is measured by a period equal to or longer than a week but shorter than a month, five calendar days before the end of that period.
Source Link - 2 LA Civ Code art. 2728
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In a month-to-month lease, ten calendar days before the end of that month.
Source Link - 3 LA Civ Code art. 2728
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In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period.
Source Link - 4 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 - 5 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.
- 6 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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