As is the case with other states in America, Louisiana also requires landlords to follow the appropriate legal process in regard to an eviction and termination of a tenancy. Louisiana laws protect a tenant from being disposed from a rental house without a legal notice. The law can be respected and avoided in equal measure, making it necessary to understand eviction notice law in Louisiana both for the landlords and tenants. Click Here To Read
Legal Requirements for an Eviction Notice in Louisiana
To cancel a rental contract, the landlord should have an eviction notice and should be able to prove the following conditions:-
- Name of Tenant together with their current address of the rental property.
- Any violation leading to the eviction ( such as a breach of contract, nonpayment of rent, violation of the lease agreement, or ending of month-to-month tenancy.)
- A date beyond which a burden of compliance will not be fulfilled.
- Signature of the landlord alongside marking of the date.
The notice can be sent using various methods including personal hand delivery, certified mail, publishing on the rental property, or other approved means.
Types of Eviction Notices in Louisiana
1. 10-Day Notice to Terminate Month-to-Month Tenancy
Although there are many reasons for eviction, this one case requires particular attention. This, unlike the other examples in this case, does not apply to attentive periods of the rental. No reason is needed aside from written proven instructions.
2. Five Day Notice For Nonpayment of Rent
A five-day notice to vacate can be issued if the tenant does not pay their rent. This means the tenant has five business days to pay the rent or leave the premises.
3. Notice to Cure or Quit
In cases where a tenant has unauthorized pets, the landlord must first serve them with a notice to either fix the issue or leave.
4. Immediate Eviction Notice For Illegal Activity
For a handful of criminal activities a tenant could engage in that would result in immediately getting evicted are drug use, violence, etc.
How To Serve An Eviction Notice In Louisiana
Legally an eviction notice can only be served in one of these ways:
- Handsing it over to the tenant personally.
- Placing the notice somewhere obvious like the front door.
- Sending it through certified mail and including proof of delivery.
If the notice is not served correctly, the eviction process may be delayed or dismissed in court.
What Happens When an Eviction Notice is Served?
Once the eviction notice is served in Louisiana, the tenant has a certain period within which he/she must respond:
- Relocate by the deadline.
- Pay the due rent, correct the breach of lease, if applicable.
- Do nothing, in such a case the landlord is free to sue for eviction.
If there is no further action taken by the tenant, the landlord has to initiate a Rule for Possession in the local parish court.
The Legal Framework of Eviction in Louisiana
Step 1: Setting The Eviction Lawsuit
As previously noted, in the case the tenant does not follow up the notice, the landlord has to open a case in court. Generally, a hearing will be set on the 3rd or 5th day post-filling.
Step 2: The Court Hearing and Subsequent Judgment
A hearing will take place in which both parties, landlord and tenant, will have the opportunity to present their argument to the judge. Should the outcome be in favor of the landlord, with a writ of possession establishing that the tenant has to leave in less than a day, 24 hours precisely to be exact.
Step 3: Exercising the Eviction Order with a Sheriff
Where the tenant refuses to leave by their own choice, in this case, the landlord is in a position to request law enforcement’s assistance in eviction. The law is the only authority to remove the tenant legally.
Tenant Rights and Legal Defenses
Tenants have rights that protect them from unlawful eviction. Common defenses include:
- Eviction notice was not served correctly
- Eviction in retaliation for calling out unsafe living conditions
- Eviction that is prejudiced and unlawful in nature (race, gender, disability, etc.)
- Landlord takes some rent payment after giving notice to evict
In the case that a tenant defends an eviction, if successful, they will be able to continue occupying the premise.
Final Thoughts
Notice of eviction law should be understood by both Louisiana landlords and tenants. It allows for legal protocols to be followed while safeguarding rights. Balance through incorrectly served eviction notices eliminate fairness. Adhering to Louisiana laws on tenant eviction allows landlords to handle potential legal issues and ensures that tenants are given appropriate notification of action and due process.
Credible Source: https://en.wikipedia.org/wiki/Service_of_process#:~:text=In%20the%20U.S.%20legal%20system,person%20to%20respond%20to%20the