As a landlord in Louisiana, you will inevitably face the stressful situation of a tenant violating their lease, especially by not paying rent. Fortunately, Louisiana law provides a clear first step: the 5-Day Notice to Vacate.
In fact, getting this notice right is the single most important part of the eviction process. One small mistake can lead to a judge throwing your case out of court, consequently forcing you to start all over again. ๐ฉ
This guide will, therefore, walk you through everything you need to know to draft, serve, and act on your notice correctly, ultimately protecting your property and your rights.
When Should I Use a 5-Day Notice? ๐ค
Landlords primarily use the 5-Day Notice to Vacate when a tenant breaks the terms of the lease. Specifically, this notice is appropriate for two main reasons:
- Non-Payment of Rent: This is the most common reason. As soon as rent is late, you can begin this process.
- Other Lease Violations: Furthermore, if a tenant violates another rule in the lease (e.g., having an unauthorized pet ๐พ or causing property damage), this notice gives them five days to move out.
Essentially, this notice formally tells the tenant that they have waived their right to possess the property.
Source: The Louisiana Civil Code, Art. 2704 provides the legal foundation for this notice.
What Your Notice Must Include (The Checklist) โ
For the notice to be legally binding, you must write it with crystal clarity, leaving no room for interpretation. For this reason, you should use the following checklist:
- Tenant’s Full Name(s): Make sure to include every adult listed on the lease.
- Rental Property Address: Be specific, including the apartment number if applicable.
- A Clear Statement: Use unambiguous language, for instance, “You are hereby notified to vacate the premises within five (5) days of the delivery of this notice.”
- The Specific Reason: State exactly why you are evicting them.
- For non-payment, state: “This notice is for failure to pay rent for the period of [Month, Year] in the amount of $[Total Amount Due].”
- Your Signature and the Date: Finally, sign and date the notice.
An incomplete or vague notice provides an easy defense for a tenant in court. To simplify this step and ensure you include all the necessary legal language, you can download a template form.
Downloadable Template: Louisiana Eviction Notice to Quit Form (PDF)
How to Calculate the 5 Days Correctly ๐๏ธ
Many landlords make this classic rookie mistake. The “five days” do not include weekends or legal holidays; they are business days only.
For example: If you serve the notice on a Wednesday, the five days are:
- Day 1: Thursday
- Day 2: Friday
- (Skip Saturday & Sunday)
- Day 3: Monday
- Day 4: Tuesday
- Day 5: Wednesday
As a result, the tenant would have until the end of the business day on the following Wednesday to comply.
Source: The Louisiana Code of Civil Procedure, Art. 5059 outlines this calculation method.
Serving the Notice: The Most Critical Step ๐ช
How you deliver the notice is just as important as what’s in it, because an improper delivery can invalidate the entire process. The law gives you three options for delivery:
- Personal Service: Handing the notice directly to the tenant.
- Substituted Service: Giving the notice to a person of suitable age and discretion who lives at the property with the tenant.
- Tacking (Posting): If you cannot find the tenant, you can post a copy of the notice in a visible place on the front door of the property.
However, while you can do this yourself, the absolute best way to guarantee it’s done right is to use a professional.
This is where Lafayette Process Servers LLC becomes your greatest asset. Hiring them removes all doubt. A professional process server will serve the notice according to strict legal standards and then provide you with a sworn affidavit called a “Proof of Service.” This document is powerful evidence in court that you properly notified the tenant. Therefore, you shouldn’t risk a dismissal over improper serviceโlet the pros handle it!
Resource: Protect your investment by ensuring legally-sound delivery with Lafayette Process Servers LLC.
What Happens After the 5 Days? โณ
Once you have served the notice and the five business days have passed, one of two things will happen:
- The Tenant Complies ๐: They pay the rent in full or move out. In this case, the issue is resolved!
- The Tenant Does NOT Comply ๐ : In contrast, they may ignore the notice and stay in the property.
If the tenant fails to comply, you now have the legal grounds to file a Rule for Possession (also called a Petition for Eviction) with your local court, such as the Lafayette City Court or the 15th Judicial District Court. Your correctly served 5-Day Notice is your ticket into court.
Ultimately, don’t take shortcuts. By following these steps precisely, you set yourself up for a smooth, successful, and legally sound eviction process.
Disclaimer
The information provided in this blog post is for general informational purposes only and does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Reading this article does not create an attorney-client relationship. Laws regarding landlord-tenant issues in Louisiana are complex and subject to change. You should not act or refrain from acting based on this content without first seeking legal advice from a qualified and licensed attorney in your jurisdiction.
Sources & Further Reading:
- Eviction Procedure Guidelines: Louisiana State Bar Association (PDF)
- Louisiana Civil Code & Code of Civil Procedure: Louisiana State Legislature
- General Tenant/Landlord Legal Information: Acadiana Legal Service Corporation
- Professional Notice Delivery: Lafayette Process Servers LLC