Louisiana 5 Day Notice To Vacate

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The Louisiana 5 Day Notice to Vacate is used when a tenant has violated a term or a provision of a written lease for reasons OTHER than non-payment of rent.

Document Last Modified: 7/10/2023

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If lease provisions other than those covering rent arrears are not met, a Louisiana 5-day notice to vacate is served. A minimum of five days is required, unless a specific period is agreed upon in the lease, before starting the process to evict a tenant legally.

The landlord addresses the notice to tenants occupying the property including those in possession at the present time. The five-day notice is served to seek possession of the leased property for violation of specific terms included in the document such as destruction of property, creating nuisance, unlawfully keeping pets, or creating unhygienic conditions.

Protecting The Property

  • Landlords are advised to keep a ledger recording financial recovery made on account of damage to property by the tenant. It becomes easier to serve the 5-day notice for a more serious charge.
  • A written agreement must be made justifying why the notice was served. For example, if certain pets are not allowed, it was the specified in the lease and acknowledged with the tenant's initials.
  • A security deposit can be taken before a tenant occupies the apartment or leased property to ensure compliance of lease terms, failing which specific amounts can be withheld or charged as penalty for non-compliance.
  • The lease can have support documents like a Tenant Pet Agreement to ensure specific terms are not broken.
  • The process of detecting lease violations may require some preparation. https://www.ezlandlordforms.com/articles/educational/4/move-out-and-eviction/ offers a broader perspective of how landlords can take necessary precautions to detect non-compliance issues in time.

Tips To Build A Strong Case

  • Jury trials are not part of a Louisiana eviction hearing. The landlord must have proof of the following to seek a strong bid for eviction.
  • A written 5-day notice or lease agreement that has expired.
  • Written communications during the lease period likely to affect the case.
  • Part payment was not accepted at any stage once the eviction process began.
  • Witnesses were present to back non-compliance measures.

When The Notice Is Not Served

In cases where a Waiver of Notice is part of the rental agreement, the landlord is not obligated to serve a 5-day notice to vacate. The Rule of Possession is directly filed with the court, if the tenant decides to stay back after the lease expires.

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