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A Landlord’s Guide to Eviction for Non-Payment of Rent in New Orleans 💰

Home A Landlord’s Guide to Eviction for Non-Payment of Rent in New Orleans 💰

 

Non-payment of rent is the most common reason for eviction in Louisiana. However, while it may seem straightforward, the process is governed by strict legal procedures. For this reason, following every step perfectly is crucial to regaining possession of your property without delays.

 

🚨 Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Eviction is a legal proceeding. Therefore, you should always consult with a qualified Louisiana landlord-tenant attorney before sending any notices or filing with the court.

 

 

Step 1: The Foundation – Your Lease Agreement 📜

 

Your written lease is the most important document in this process. Before you do anything else, it is essential to review the lease for two key things.

 

  1. First, check for a Grace Period. Does the lease specify a grace period (e.g., 5 days after the 1st of the month) before rent is officially considered late? You must, of course, honor this period.
  2. Second, look for a Waiver of Notice. Many Louisiana leases include a “waiver of notice” clause. In theory, this clause may allow you to file for eviction immediately after the rent is late, without first sending a 5-Day Notice.
    • ⚠️ CRITICAL ADVICE: Nevertheless, even if your lease has this waiver, most attorneys and courts strongly recommend you still provide the 5-Day Notice to Vacate. Ultimately, it creates a clear paper trail, shows you acted in good faith, and removes any ambiguity.

 

Step 2: The Official Warning – The 5-Day Notice to Vacate 📝

 

This is the official legal notice that starts the eviction process. In essence, it sends a clear message to the tenant: pay the rent or move out.

 

To be legally compliant, the 5-Day Notice MUST Include the following:

 

  • Clear Title: First and foremost, state “Notice to Vacate” prominently at the top.

 

  • Tenant(s) Name: Additionally, include the full name of every adult listed on the lease.

 

  • Property Address: List the full street address, including the unit number.

 

  • The Reason: You must explicitly state the notice is being issued for “non-payment of rent.”

 

  • The Exact Amount Owed: Furthermore, you must state the precise, correct amount of past-due rent. Do not include unapproved late fees or other charges unless your lease specifically defines them as “additional rent.”

 

  • The Demand: The notice must also contain an unequivocal demand for the tenant to either pay the full amount due OR deliver possession of (vacate) the premises within five (5) days.

 

  • Date and Signature: Finally, the notice must be dated and signed by you (the landlord) or your authorized agent.

 

“Five Days” Explained: The five-day clock starts the day after the notice is delivered. Notably, it does not include weekends or legal holidays.

 

 

Sample 5-Day Notice to Vacate Form

 

🛑 FORM DISCLAIMER: FOR EDUCATIONAL USE ONLY 🛑 This is a sample template and NOT a substitute for a legal form prepared by an attorney. Laws can change, and court requirements can be very specific. Consequently, using an improper form can cause your eviction case to be dismissed. You should obtain a current, compliant form from your attorney or a reputable local source like a process server or your local City Court.

 

 

NOTICE TO VACATE

 

DATE: [Date]

 

TO: [Tenant's Full Name] [Tenant's Second Full Name, if on lease] [And all other occupants]

 

REGARDING PROPERTY AT: [Street Address] [Unit #, if applicable] [City, LA, Zip Code]

 

This NOTICE TO VACATE is provided to you in accordance with Louisiana Code of Civil Procedure Art. 4701.

 

You have breached your lease agreement due to NON-PAYMENT OF RENT.

 

The total past-due rent owed is $[Total Amount Owed] for the period of [List the month(s) rent is due for, e.g., September 2025].

 

 

YOU ARE HEREBY NOTIFIED TO EITHER:

 

  1. Pay the total past-due rent of $[Total Amount Owed] in full. OR

 

2. Vacate the premises and deliver possession to the undersigned landlord.

 

 

THIS MUST BE DONE WITHIN FIVE (5) DAYS, excluding weekends and legal holidays, from the date of delivery of this notice.

 

If you fail to pay the full amount due or vacate the premises within five days, a Rule for Possession (eviction lawsuit) will be filed against you, and we will seek a judgment ordering your removal from the property, as well as any rent, costs, and attorney’s fees allowed by law.

 

Landlord/Agent Signature:

 

 

Printed Name: [Your Printed Name]

 

Address: [Your Address or PO Box]

 

Phone Number: [Your Phone Number]

 

 

Certificate of Service

 

(This section is crucial for your records to prove you delivered the notice)

 

I, [Your Name], certify that on [Date of Delivery], I served a true and correct copy of this Notice to Vacate by the following method:

(Check one)

 

  • [ ] Personal Service: Delivering a copy directly to [Name of person served].

 

  • [ ] Posting on Door: Affixing a copy to the front entrance of the premises at the address listed above.

 

  • [ ] Other: [Describe other legally valid method]

 

Signature of person serving notice:

 

 

Step 3: Proper Delivery (Service) of the Notice ✅

 

After filling out the notice, you must then deliver it properly. Indeed, improper service can get your case thrown out of court. Generally, legal methods include:

 

  • Personal Service: Hand-delivering the notice directly to the tenant.

 

  • Substitute Service: Leaving the notice with a person of suitable age at the residence.

 

  • Tacking/Posting: Securely taping or affixing the notice to the front door of the property. Incidentally, this is the most common method.

 

Best Practice: Always complete the “Certificate of Service” section on your copy of the notice immediately after delivery. In addition, take a clear, time-stamped photo of the notice posted on the door as definitive proof.

 

Step 4: The Waiting Period – What to Do (and Not Do)

 

During the 5-day notice period, the tenant has two options to stop the eviction. On one hand, they can Pay Rent in Full. Alternatively, they can Move Out and return the keys.

 

🚫 ABOVE ALL, REMEMBER THE BIGGEST MISTAKE TO AVOID 🚫

 

Do NOT accept a partial rent payment after you have served the 5-Day Notice. In Louisiana, accepting any portion of the rent due acts as a legal waiver of the notice. As a result, you would have to start the entire process over again.

 

Step 5: The Next Level – Filing a “Rule for Possession” ⚖️

 

Consequently, if the five days pass and the tenant has neither paid in full nor moved out, your next step is to file for eviction in court. In New Orleans, this is done at either First City Court (for the East Bank) or Second City Court (for the West Bank). This legal filing is called a “Rule for Possession.”

 

 

Sources & Further Reading 📚

 

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