Louisana Eviction Laws
Any Louisiana eviction process begins with service of the appropriate Notice to Vacate. Landlords must adhere to state law and abide by any particular lawful provisions in the rental agreement that may set forth the conditions for evicting a tenant. Below are the most important steps in the eviction process.
Tenant Self Eviction
Self-help measures by a landlord are not within the Louisiana eviction process and can subject a landlord to considerable damages to be paid to the tenant. For example, denying a tenant access to the property, turning off services such as heat, water and electricity, removing the tenant’s personal belongings or threatening the tenant can lead to a civil action for wrongful eviction by the tenant.
5-Day Eviction Notice
The majority of evictions are for nonpayment of rent. After any grace period has expired and the rent remains unpaid, the landlord must initiate the process by serving a Louisiana eviction notice giving the tenant 5 days to pay the rent due or vacate the premises. The notice must specify the amount due and that the lease will terminate 5 days after the tenant has received the notice or legal action will ensue to expel the tenant.
The 5-day Louisiana eviction notice is also used for noncompliance with provisions of the lease other than for nonpayment of rent. Noncompliance of a rental lease could include damaging the property, keeping the property in an unsanitary condition, allowing unapproved tenants and pets to live in the unit, or creating a nuisance. The notice must contain a statement of grounds or a reason for the eviction or reference to the lease provision that has been violated.
10-Day Eviction Notice
For periodic or month-to-month leases, the landlord need only give at least a 10-Day Notice to Vacate, so long as the notice is given a minimum of 10-days before the end of the rental period. No reason need be given for the eviction.
Service of a Tenant Eviction Notice
Service of the Louisiana eviction notice can be done by personal service on the tenant in the presence of at least one witness. If the tenant is absent, the notice can be affixed to the unit’s door and again be witnessed by at least one other person. An alternative is to send the notice by registered or certified mail, return receipt requested, to show proof of service.
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