The Louisiana eviction notice is a letter the landlord uses to notify the tenant that they must leave the leased property within a certain deadline. Other than that, the landlord should also provide the reasons for the eviction. The reason provided in the eviction notice must also be listed as a reason for eviction in Louisiana landlord-tenant law.
Additionally, the deadline for vacating the property must not be shorter than the minimal deadline provided in the Louisiana landlord-tenant law for the type of violation the tenant has committed.
Types of Eviction Notice in Louisiana
The landlord can use different types of eviction notices depending on the type of lease and the reasons for the eviction.
Notice for Rent Non-Payment
In Louisiana, the landlord can evict the tenant for not paying the rent on time. However, before doing so, the landlord must send them an eviction notice, giving them five days to vacate the property without the possibility of stopping the eviction by paying the due amount of rent.
Notice for Non-Compliance
The landlord can evict the tenant who violated the lease agreement or the Louisiana landlord-tenant law. The landlord is not obliged to give the tenant the option to remedy the violations and stop the eviction. However, they must give them a minimum of 5 days to vacate the property.
Notice to Terminate the Month-to-Month Lease
If a tenant remains to reside at the property after the lease term is over (holdover tenant) or if there is no lease term set (month-to-month tenancy), the landlord can initiate the eviction without providing the reason for the eviction.
However, the landlord must give the tenant at least ten days to vacate the property voluntarily for a month-to-month lease or five days for a holdover tenancy.
Eviction Laws and Requirements in Louisiana
Laws & Requirements
Rent grace period: Not explicitly regulated in the Louisiana Statute.
Non-payment of rent: 5 days. (§ 4701)
Non-compliance: 5 days. (§ 4701)
Holdover tenancy: 5 days. (§ 4701)
Periodical lease termination: 10 days for a month-to-month lease. (§ 2728(2))
Eviction process: Eviction of Tenants and Occupants. Title XI
When is Rent Late in Louisiana?
In Louisiana, the rent is considered late a day after the due date determined in the lease agreement. If a due date is not provided in the lease agreement, the rent will be due on the first day of each pay period (the first day of the week or the first day of the month).
For example, if the rent is due on the 15th of the month, the rent is late from the 16th of the month onward. The landlord can then initiate the eviction process by issuing an eviction notice to the tenant.
Grounds for Eviction in Louisiana
The landlord can evict the tenant in Louisiana for the following reasons:
Grounds for Eviction
If the tenant fails to pay the rent before the due date
In case the tenant commits a violation of the lease agreement or the Louisiana landlord-tenant law
When the lease term expires (holdover tenancy)
If the landlord wants to terminate the periodic tenancy (week-to-week, month-to-month)
Eviction Process in Louisiana
Below are all the steps of the eviction procedure in Louisiana, from the moment the landlord issues the eviction notice until the tenant gets evicted.
#1. Write a Notice
The landlord must first notify the tenant of the eviction, provide the reasons for the eviction, and give them a deadline by which the tenant must leave the property. The landlord can deliver the notice to the tenant in person or by certified mail. In both cases, the landlord should provide proof that the tenant received the eviction notice.
#2. File the Complaint
If the tenant doesn’t leave the property within the deadline provided in the eviction notice, the landlord can initiate the eviction procedure before the Louisiana court. They do so by submitting the Petition for Eviction as well as the Court Information Sheet to the local court’s office that has jurisdiction over the area where the property is located.
#3. Serve the Tenant
The court will then issue the Order to Show Cause and deliver it to the tenant, informing them about the eviction lawsuit and the hearing date. This document is delivered to the tenant by a constable, marshal, or sheriff.
Before the court hearing, the tenant will have the opportunity to file a written answer to the court, stating their arguments against the landlord’s claims.
#4. Wait for Court’s Judgment
If the tenant fails to appear for the hearing, the court will issue a default judgment in the landlord’s favor.
If the court rules in the tenant’s favor, they will be permitted to stay at the property. However, if the court decides in the landlord's favor, they will order the tenant to leave the property within 24 hours. If the tenant doesn’t leave, the court will issue a Writ of Possession that the landlord can use to hire a sheriff to remove the tenant from the property.
Other Eviction-Related Forms in Louisiana
Besides the eviction notice, there are other kinds of documents that are used in the eviction process.
Other Eviction-Related Forms
Petition for Eviction. The landlord uses this form to initiate the eviction process before the court.
Order to Show Cause. The court issues this document and delivers it to the tenant to inform them about the court’s proceedings and the hearing date.
Tenant’s Answer Form. The tenant can use this form to provide their arguments in the eviction process before the hearing. They can use it to accept the landlord’s claims or deny them and provide their counterarguments.
Writ of Possession. This document gives the constable, marshall, or sheriff the authority to forcefully remove the tenant from the landlord’s property.
Eviction Information for Landlords in Louisiana
The Louisiana landlord-tenant law provides the reasons for the eviction.
Those are the following:
Eviction Information for Landlords
Violation of the lease agreement and landlord-tenant laws
Termination of the periodic tenancy
Moreover, the law provides the methods by which the tenant can be evicted. The landlord is not allowed to evict the tenant for any other reason besides the ones provided in the law and is not permitted to use self-help methods for evicting the tenant.
Eviction Information for Tenants in Louisiana
The tenants can use the following arguments in the eviction procedure before the Louisiana court:
Eviction Information for Tenants
The landlord didn’t provide them with the eviction notice before filing a lawsuit.
The notice didn’t contain the reason for the eviction.
The landlord didn’t provide the minimal deadline for leaving the property, as provided by Louisiana landlord-tenant law.
That the landlord was using self-help methods of evicting the tenant (changing the locks, shutting off the utilities, and removing the tenant’s belongings from the property).
That the landlord initiated the eviction as a retaliatory or discriminatory measure against the tenant.
How to Write an Eviction Notice in Louisiana
To write the Louisiana eviction notice, you should follow the steps below:
Louisiana Eviction Notice Checklist
Louisiana Eviction Notice FAQ
You can file an eviction notice when the tenant fails to pay the rent, violates the lease agreement or landlord-tenant law, or when the landlord wants to terminate the lease without the term or the periodic tenancy.
You need to file an eviction notice with the tenant before initiating any proceedings before the court. If you file an eviction lawsuit with the Louisiana court without providing a copy of the eviction notice and proof of delivery to the tenant, the court will dismiss your complaint.
In Louisiana, the eviction procedure can take between 2 and 5 weeks, depending on:
The type of lease
The reason for eviction
Tenant’s actions in the eviction process
No, the minimum notice for most eviction reasons is at least five days. If the landlord provides a shorter eviction notice than the one required by Louisiana landlord-tenant law, the tenant can later use that as an argument in the proceedings before the court.