The Louisiana ten (10) day lease termination letter, as provided by CC 2728, is used by landlords to inform month-to-month tenants of an upcoming lease termination. The minimum notice period for month-to-month (and other “at-will” tenancies) is ten (10) business days. Holidays and weekends do not generally count towards the notice period. It’s important to give the tenant the full ten days to move out before filing an eviction action (otherwise known as a “Rule to Evict”) in the district court where the rental property is located. Download Links: PDF Word How to Write Step 1 – Enter the date (DD/MM/YYYY)
Louisiana Eviction Process & Laws | Free LA Eviction Notices
The Louisiana eviction process is started only when a tenant has not responded to a violation to their lease agreement (5 day notice) or to a cancellation of their month to month tenancy (10 day notice). If the tenant has cured the issue or moved off the premises, along with their possessions, the landlord may file the Statement of Claim (Form C-59). Landlord should follow the Instructions to complete the court process and the lessee may view their Tenant Rights.
NonPayment Laws – 5 days CCP 4701
NonCompliance Laws – 5 days CCP 4701
Month to Month Laws – 10 days CC 2728
Eviction Laws – Landlord and Tenant Guide
The Louisiana five (5) day notice to quit or cure, in accordance with the laws located in CCP 4701, is used to notify a tenant of the landlord’s intention to terminate the lease agreement. The notice states that the tenant must either fix (aka “cure”) the violation they have committed, or move out of the rental unit within five (5) days. If the tenant does not move out or cure the violation within five days, the landlord can file an eviction lawsuit (known in Louisiana as a “Rule to Evict”) in court. The notice should be served personally, or left in
The Louisiana five (5) day notice to quit or pay, referred to in CCP 4701, is the standard notice to quit form used in the majority of evictions in Louisiana. The notice is specifically used when tenants have failed to pay the rent in accordance with the lease agreement. It gives the tenant a five (5) day window to either move out of the rental property or pay the rent. If the tenant does not move out or pay the owed amount of rent, the landlord can file a “Rule to Evict” (i.e. eviction lawsuit) in the district court of
How to Evict a Tenant (Process)
Step 1 – Draft a five (5) or ten (10) day notice to quit/vacate form. Five day notices are used when a tenant has failed to pay rent or has committed a lease violation. Ten (10) day notices are used for month-to-month or “at-will” tenancies. The notice does not need to indicate a specific date that the tenant must vacate the rental property, rather it must simply state that the tenant has five (or ten) days to comply (pay rent or cure the violation), or vacate the unit.
Step 2 – The notice should be served to the tenant personally (with a witness). If that is not possible, post a copy of the notice to the tenant’s front door (also with a witness) and then mail another copy via certified mail to the tenant. If the tenant does not comply with the notice within the specified time period, the landlord can file an eviction suit (otherwise known as a “Rule to Evict”). The form can be completed in-person at the district court where the rental property is located. A copy of the lease agreement and notice to quit will be required when filing. The typical filing fee is around $130 (plus $10 for each additional tenant you wish to evict). The Constable will serve the tenant with notice of the eviction and give them a court date to appear at.
Step 3 – Bring the following to the court on the date of the hearing:
- -Copy of the lease agreement
- -Rental payment history
- -Notice to quit
- -Any other relevant documents/evidence
- -The witness who saw you serve the notice to the tenant.
Step 4 – If the judgement is ruled in your favor, the tenant will be ordered to vacate the rental property within 24 hours. If they do not comply with the court’s order, a warrant for possession will be filed by the court. The Sheriff or constable will execute the warrant. Two witnesses are required to be present during the execution (i.e. the landlord and manager/witness). If necessary, the Sheriff/constable will physically remove the tenant from the rental unit.