A landlord in Louisiana can serve the tenant a 5-day notice to vacate for nonpayment of rent after the grace period included in the written lease expires. It is issued by the landlord when prepared to proceed with legal eviction.
The notice is served only to rent defaulters and clearly states the tenant has five days to vacate the premises, after which legal action will be taken to regain possession. The grace period must be given in writing and considered when issuing the notice along with holidays.
Specifics Of Serving Notice
- In the State of Louisiana eviction notices are served in the presence of witnesses. For example, the five-day notice to rent defaulters must be personally handed over by landlord to tenant with demand for a receipt in presence of one or more witnesses.
- In the absence of a tenant, the notice can be pinned or stuck close to the apartment entrance in clear view of the tenant. Again, it must be done in front of a witness.
- The other alternative is to use registered or certified post to deliver the notice claiming a return receipt acknowledged by the Louisiana Justice of the Peace Court or Parish Court as a support document.
Legal Eviction Process
With adequate written or photographic proof of serving the 5-day notice, a landlord can proceed to file an eviction case or Rule of Possession.
The County Sheriff serves the rule or citation containing the date, exact time, and place for the hearing to take place. A constable from the sheriff’s office can also undertake the task. The hearing date occurs at least three days after the citation or rule is served.
The show cause notice is mailed or can be affixed near the property entrance, if the tenant is not present at the time.
Landlords can download or print the Eviction Record offered by ezLandLordForms as well prepare for the hearing.
Why Self-Help Eviction Must Be Avoided
The Louisiana eviction process is not in favor of self-help action taken by landlords. For instance, physically removing the tenant with personal belongings is against the law. The landlord is liable to play a sizeable amount in damages for such an action. The five-day notice to vacate for non-payment of rent is the only way to enforce eviction.