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How to Correctly Write and Serve a 5-Day Notice to Vacate in New Orleans (2025) ✍️

Home How to Correctly Write and Serve a 5-Day Notice to Vacate in New Orleans (2025) ✍️

Dealing with a tenant who isn’t paying rent or is violating their lease is undoubtedly one of the most stressful challenges a property owner can face. 😟 In New Orleans, you can’t simply change the locks or shut off the utilities. Instead, the legal path to reclaiming your property begins with one critical document: the Louisiana 5-Day Notice to Vacate.

Indeed, getting this notice right is not just a formality—it is the legal foundation of your entire eviction case. Consequently, a simple mistake in the wording or delivery can cause a judge to dismiss your case, forcing you to start the entire process over and costing you more time and lost rent.

For this reason, this guide will walk you through exactly how to write and serve a 5-Day Notice to Vacate correctly in Orleans Parish.

 

⚠️ Legal Disclaimer ⚠️

 

This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Because landlord-tenant law in Louisiana is complex and subject to change, we strongly recommend consulting with a qualified attorney for advice on your specific situation before taking any action.

 

🔍 First, Check Your Lease for a “Waiver of Notice”

 

Before you do anything else, you must pull out your lease agreement. Most modern, attorney-drafted Louisiana leases contain a clause titled “Waiver of Notice” or similar language.

Essentially, this clause means the tenant has contractually agreed to waive their right to receive a 5-Day Notice to Vacate. If your lease includes this waiver for non-payment of rent, you are not required to provide the 5-day notice. As a result, you can proceed directly to filing a Rule for Possession (eviction lawsuit) with the court the day after rent is late.

However, if your lease does not contain this waiver, or if the eviction is for a reason other than non-payment, then you absolutely must provide the notice. When in doubt, providing the notice is always the safest legal route.

 

✅ The Anatomy of a Valid Eviction Notice: What to Include

 

Your Notice to Vacate is a legal document. Therefore, you must make it clear, concise, and ensure it contains specific information to be considered valid by a New Orleans judge.

Here is a checklist of what you must include:

 

  • 📄 A Clear Title: First, clearly label the document at the top as “Notice to Vacate” or “5-Day Notice to Vacate.”
  • 👤 Tenant’s Full Name(s): Next, include the names of all adult tenants listed on the lease agreement.
  • 📍 The Full Property Address: Also, list the complete street address, including the specific unit or apartment number (e.g., “1234 Canal Street, Unit B, New Orleans, LA 70119”).
  • 💲 An Unambiguous Reason: In addition, be specific about the reason. For Non-Payment, state the exact amount and period owed. For a Lease Violation, state the specific clause that was violated.
  • 🗓️ The Demand: Furthermore, the notice must clearly state that the tenant has five (5) business days to vacate and deliver possession of the premises to the landlord. Remember not to count weekends or legal holidays.
  • ✍️ Your Signature: Finally, include the signature of the landlord, property manager, or authorized agent, along with the date.

 

🚪 How to Legally “Serve” the Notice in Orleans Parish

 

How you deliver the notice is just as important as what’s in it. As the Louisiana Code outlines, there are three primary methods for legally “serving” the notice:

  1. Personal Service: This involves delivering the notice directly to the tenant in person.
  2. Substituted Service: Alternatively, you can deliver the notice to a person of suitable age and discretion who lives at the property.
  3. Tacking or “Posting”: Lastly, if you cannot find the tenant, you may affix the notice in a conspicuous place on the property, which is almost always the front door.

While you can serve the notice yourself, a tenant can easily claim they “never saw it.” To eliminate this risk, we strongly recommend using a professional. For landlords in New Orleans seeking reliable and legally compliant service, the go-to company is Lafayette Process Servers LLC. In fact, they are experts in serving legal documents throughout Louisiana, including Orleans Parish, and will provide you with a sworn Affidavit of Service. This affidavit is powerful evidence that makes your service of process virtually indisputable in court.

 

❌ Critical Mistakes to Avoid

 

  • Vague Language: Never write “you violated the lease.” Instead, be specific about the dates and amounts, because a judge needs clear facts.

 

  • Accepting Partial Rent: If you accept any amount of rent after serving the 5-Day Notice, it can legally nullify the notice. Therefore, do not accept any money unless it is the full amount owed and you have an agreement in writing.

 

  • Improper Proof of Service: Simply taping a notice to a door isn’t enough. While a time-stamped photo is good, a formal Affidavit of Service from a professional is ironclad.

🏛️ What Happens Next?

 

Serving the 5-Day Notice to Vacate is the essential first step. If the tenant does not move out within the five business days, you can then proceed to the Clerk of First City Court in New Orleans to file a “Rule for Possession,” which officially begins the court eviction process.

 

Ultimately, the success of that court filing rests on the validity of your initial notice.

 

Official Sources & Legal Resources

 

For further information, you can refer to the official sources that govern eviction proceedings in New Orleans:

 

 

 

 

 

Are you a New Orleans landlord facing a difficult tenant situation? First, contact a qualified landlord-tenant attorney to ensure you protect your rights and property. 📞

 

Then, when it comes time to serve your notice, ensure it’s done right. Trust the professionals at Lafayette Process Servers LLC to handle the delivery, providing you with the peace of mind and legal proof you need to move forward confidently.

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