Serving an eviction notice in Louisiana is the first step in legally removing a tenant or occupant from a rental property. Louisiana law requires landlords and property owners to follow specific procedures to ensure a valid and enforceable eviction. Understanding the eviction notice process helps prevent legal complications and ensures compliance with state regulations. Read Here
When is an Eviction Notice Required in Louisiana?
Landlords must provide a written eviction notice in the following situations:
- Nonpayment of rent: If a tenant fails to pay rent on time.
- Lease violations: If a tenant breaks lease terms, such as damaging property or allowing unauthorized occupants.
- Month-to-month lease termination: If a landlord wants to end a rental agreement.
- Illegal activity: If criminal activity occurs on the premises.
If the tenant does not comply with the notice, the landlord may proceed with an eviction lawsuit.
Types of Eviction Notices in Louisiana
1. 5-Day Notice to Vacate for Nonpayment of Rent
Louisiana law requires landlords to serve a five-day notice to vacate when tenants fail to pay rent. If the tenant does not pay or leave within five business days, the landlord may file for eviction in court.
2. Notice to Cure or Quit for Lease Violations
If a tenant violates lease terms, the landlord must serve a notice to cure or quit. This notice provides a deadline for correcting the violation or vacating the property.
3. 10-Day Notice for Termination of a Month-to-Month Lease
Landlords terminating a month-to-month lease must provide a 10-day notice to vacate before filing for eviction.
4. Immediate Eviction for Illegal Activity
If illegal activity occurs on the property, landlords may initiate eviction proceedings immediately without a standard notice period.
How to Serve an Eviction Notice in Louisiana
To ensure validity, landlords must serve the notice through one of the following methods:
- Personal delivery: Handing the notice directly to the tenant.
- Posting at the rental unit: Leaving the notice at the tenant’s door if they are unavailable.
- Certified mail: Sending the notice via certified mail with return receipt requested.
If the notice is not served correctly, the eviction case may be dismissed in court.
Steps to Evict a Tenant After Serving an Eviction Notice
1. File for Eviction in Court
If the tenant does not comply with the eviction notice, the landlord must file a Rule for Possession with the local parish court. The court schedules a hearing within 3-5 days.
2. Attend the Court Hearing
Both the landlord and tenant present their case before a judge. If the judge rules in favor of the landlord, a writ of possession is issued, requiring the tenant to vacate the property.
3. Sheriff Enforcement of Eviction
If the tenant refuses to leave, the landlord must request sheriff enforcement. The sheriff typically enforces the eviction within 24-72 hours after receiving the writ of possession.
Costs of Filing an Eviction in Louisiana
- Court filing fees: $100–$300, depending on the parish.
- Service fees: $50–$100 for document delivery.
- Attorney fees: $500–$2,000 if legal representation is needed.
- Sheriff enforcement fees: $75–$200 for tenant removal.
Tenant Rights and Legal Defenses Against Eviction
Tenants may challenge an eviction if:
- The eviction notice was not properly served.
- The eviction is retaliatory or discriminatory.
- The landlord accepted partial rent payments after serving the notice.
- The rental unit is uninhabitable due to lack of repairs.
If a tenant successfully contests the eviction, they may be allowed to remain in the property.
Final Thoughts
A Louisiana eviction notice is a crucial legal document that must be correctly served before filing an eviction lawsuit. Landlords should ensure they follow the required legal steps, while tenants should understand their rights to avoid wrongful eviction. Compliance with Louisiana eviction laws ensures a smooth and lawful resolution for both parties.
Important Read: https://en.wikipedia.org/?title=Process_server&redirect=no