The Louisiana eviction notice forms are to be used as a first step in the eviction process. Before a landlord can ask the courts to take action to remove a tenant, the tenant must have written notice from the landlord that there is an issue and must have a chance to rectify the problem, whether it be for non-payment of rent or some other breach of the lease. If the tenant still fails to respond after notice and continues living at the property, the landlord may then file a Petition for Eviction with the Local Court. The court will issue an Order to Show Cause and set a hearing date so that landlord and tenant can present their cases. If the landlord prevails, the court will issue a Judgment of Eviction and tenant will have 24 hours to vacate the premises.
Notices By State
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. Landlord must give the tenant written notice and five days to pay what is due or move out.
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 tenant will have 5 days to cure the default, or move out.
10-Day Notice to Quit (Month to Month) – This form of notice is used when the landlord seeks to end a month-to-month tenancy. In this case, tenant has ten days to vacate the property.
When is Rent Due
In Louisiana, rent is due on the day specified in the lease. If rent isn’t paid, 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 (Process)
Step 1 – 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 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.
Step 2 – 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 a Petition for Eviction enclosing a copy of the notice that you sent to the tenant with the requisite fee.
Step 3 – The court will then issue an Order to Show Cause which must be served by a constable. The Order to Show Cause sets forth a hearing date.
Step 4- If 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.