Updated August 17, 2023
A Louisiana eviction notice is a legal document sent by landlords seeking to notify a tenant of a non-compliance issue with their lease. The landlord will send the notice describing the violation and include the required statutory time period the tenant has to respond and cure the issue. If the tenant does not cure the issue within the specified time period, the landlord will be entitled to file an eviction action with the local court.
By Type (3)
5-Day Notice to Quit (Non-Payment) – This notice is used when the tenant has failed to pay rent when it is due under the terms of the lease. The landlord must give the tenant written notice of the late rent and they can either give the tenant the chance to pay back the rent or they can choose to make the notice incurable.
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5-Day Notice to Quit (Non-Compliance) – This notice is used when the tenant is breaching a provision in the lease, other than non-payment of rent. For example, the tenant may be keeping a pet when the lease states that pets are not allowed. The landlord may give the tenant 5 days to cure the default or can simply require them to vacate.
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10-Day Notice to Quit (Month-to-Month Tenancy) – This form of notice is used when the landlord seeks to end a month-to-month tenancy. In this case, the tenant has ten days to vacate the property.
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Table of Contents |
Eviction Laws
- Rent Grace Period: Not explicitly mentioned.
- Non-Payment of Rent: 5 days. CCP 4701
- Non-Compliance: 5 days. CCP 4701
- Termination (Month-to-Month Lease): 10 days. CC 2728
- Eviction Lawsuit: Eviction of Tenants and Occupants. Title XI
Court Forms
Petition for Eviction (Sample) – The Petition for Eviction is the document that the landlord will file with the local court to initiate the eviction process.
Soldier’s/Sailor’s Affidavit (Sample) – This affidavit is filed with the above-linked petition to indicate whether the defendant is in the military service. If they are, it may affect the outcome of the case.
Court Information Sheet (Sample) – The third form to be filed at the beginning of the process, the information sheet is used to list the names and contact information of those involved in the case.
Order to Show Cause (Sample) – This order is served on the tenant and demands that they appear in court on the date indicated therein.
Warrant for Possession (Sample) – This provides a sheriff, constable, or marshal the power to remove the tenant from the premises.
When is Rent Due
In Louisiana, rent is due on the day specified in the lease. If rent isn’t paid, the landlord must provide 5-Day Notice to Quit (Non-Payment) to the tenant and allows him or her five days to pay.
How to Evict (4 steps)
- Provide Eviction Notice to Tenant
- File Documents with District Court
- Set Hearing Date
- Receive Court Judgment
1. Provide Eviction Notice to Tenant
If your tenant is breaching the lease or you need to end a month-to-month tenancy and you are seeking to have them out of your property, you must follow the appropriate procedures. A tenant first needs to receive written notice that you intend to seek eviction if the tenant does not fix the situation or move out. Depending on the situation, you will need to send one of these notices:
- 5-Day Notice to Quit (Non-Payment)
- 5-Day Notice to Quit (Non-Compliance)
- 10-Day Notice to Quit (Month to Month)
You will need to make a copy of the notice to file with the court in the event you need to proceed.
2. File Documents with District Court
If your tenant does not respond satisfactorily to your notice in the time period allowed, you may then seek redress in the local court. First, you must file the following forms with the court in the district where the property is located:
4. Receive Court Judgment
If the tenant fails to show up for the hearing or the judge rules in favor of the landlord, the court will issue a Judgment for Eviction. The landlord may then obtain a Warrant for Possession if the tenant still fails to vacate and obtain the assistance of a constable.