A 5-day eviction notice in Louisiana is a legal document that is sent out by the landlord to his tenant when a tenant fails to make their rent payment. This is the first action in the eviction process. A tenant has 5 business days to pay the late rent or leave the unit. Failing to do either gives the landlord the green light to take legal action to claim the rental unit. Find Here
When Can A Landlord Give A 5 Day Notice?
Louisiana laws give landlords leeway to serve a 5-day notice to vacate under these circumstances:
- The tenant has not remitted their rent payment by the due date listed in the lease.
- The lease does not include a grace period.
- The landlord did not agree to accept a partial rent payment after the due date.
This notice is not valid for lease violations or illegal conduct as these have a different set of eviction procedures.
How to Serve a Five-Day Eviction Notice for Louisiana Law
The landlord will need to follow the correct procedures if they want the eviction notice to be effective. Louisiana law allows three methods of service:
1. **In-Person Delivery**
The landlord or authorized representative may deliver the notice in person to the tenant. This way, the tenant has possession of the document and understands the time frame inside which action should be taken.
2. **Posting at the Place of Rental**
In the event that the tenant is unreachable, the landlord is able to post the notice at a reasonable viewing area (e.g. the front door). This serves as legal proof that the tenant did receive notification.
3. **Certified Mail Return Receipt Requested**
By sending the notice via certified mail, there always exists proof that a tenant received the notice. This is applicable if the tenant tries to contest receiving the notice later.
If the landlord does not follow the proper service procedures, the case for eviction will be quashed in court.
What Takes Place After Serving the Five-Day Eviction Notice?
When the tenant gets the notification, they have five business days to do the following:
- Pay the outstanding amount of rent – In the situation where a tenant pays the full amount owed, the eviction process will cease.
-Give up the rental unit – The tenant may decide to go on their own in order to escape additional legal penalties.
- Do Nothing – If the tenant fails to do anything, the landlord has the right to start the process of getting a court order.
It is important to remember that weekends and public holidays are not included in the five days notice limit.
Beginning the eviction process after the five day notice.
If the tenant still does not respond to the eviction order, the next step for the landlord is to prepare prosecution. These steps are detail aiding:
Step 1: Preparing an Eviction Action – Landlord should start with possession action in the circuit court of the county where the building is located. The court then sets a date for hearing.
Step 2: Hearing of the Case and Final Order – Each side gets to say their case to the magistrate. The landlord must show that the tenant did receive the notice but did not meet the payment deadline.
Step 3: Granting leave to remove the tenant – The judge orders the landlord to leave the premises and to summon an enforcement officer to deliver the notice of the order together with the leave to the tenant. The tenant must leave the property within a day.
Step 4: Sheriff Enforcement of Eviction
Should the tenant fail to vacate the premises within 24 hours the landlord is free to apply to the sheriff’s office for forcible entry and detainer. The sheriff will evict the tenant and give custody of the house back to the landlord.
Tenant Rights and Legal Defenses
Tenants in Louisiana are entitled to rights, and legally, have the right to contest an eviction order. Common defenses include:
- Failure to give proper notice – The notice that was served was not done in accordance with the law.
- Eviction in bad faith – If the tenant is being evicted for having reported bad conditions or having used a legal right.
- Refusal of payment – When a tenant goes to pay rent during the notice period and the landlord denies the payment.
- Not in livable condition – The property available for rent does not fulfill minimal standards of being livable.
If a tenant defeats an eviction order, he or she might be permitted to stay inside the apartment.
Concluding Thoughts
Parties involved in the leasing of property should master the Louisiana rules and be familiar with other laws regarding real estate leasing. Still, whether one earns income from letting homes or lives in rental ones, for any seeming dispute, understanding the possible consequences of breach of the rental agreement is necessary. Overall, rental agreements have boundless associated benefits, but complying with the laws can avoid disputes for most cases.
In case of failing to pay rent in Louisiana, eviction can be filed for 5 days after a notice is sent. To not lose their case, landlords must follow through with the full procedure. Similarly, if a tenant does not act in time, it can bear unwanted legal consequences. Being aware of an eviction helps both sides when it comes to disputes surrounding properties.
Credible Source: https://en.wikipedia.org/wiki/Service_of_process#:~:text=In%20the%20U.S.%20legal%20system,person%20to%20respond%20to%20the