Louisiana 5-Day Notice to Vacate: Your Landlord’s Guide
For landlords in Louisiana, the 5-Day Notice to Vacate is the most important legal tool for starting an eviction due to a lease violation. However, a simple mistake in this notice can cause a judge to dismiss your entire case, forcing you to start over.
This guide provides a clear, step-by-step overview of the Louisiana 5-Day Notice to Vacate. Specifically, it explains what it is, how to use it, and how to deliver it legally.
Key Takeaways
- Landlords use the 5-Day Notice to Vacate for lease violations, most commonly for non-payment of rent.
- First, always check your lease for a “waiver of notice” clause, as this may allow you to file for eviction immediately.
- You must deliver the notice by either Personal Service (handing it to the tenant) or Tacking (posting it on the front door).
- Using a professional process server provides a sworn Affidavit of Service, which is powerful evidence in court.
What is a 5-Day Notice to Vacate?
The 5-Day Notice to Vacate is a written document that formally tells a tenant they have breached their lease. Furthermore, it states they must leave the property within five business days. The five-day count does not include weekends or legal holidays.
Landlords typically use this notice for lease violations such as:
- Failure to pay rent.
- Having unauthorized pets.
- Causing significant property damage.
The Most Important First Step: Check for a “Waiver of Notice” ๐
Before you write anything, you must read your lease agreement. This is because many Louisiana leases contain a “waiver of notice” clause. In fact, this is a critical detail. If your lease has this clause, you do not need to give the tenant a 5-Day Notice before filing for eviction. Instead, you can go directly to the courthouse the day after the breach occurs.
How to Legally Serve the 5-Day Notice in Louisiana ๐ถโโ๏ธ๐ช
If your lease does not have a waiver, you must deliver the notice correctly. Louisiana law is very specific about this.
Personal Service: This is the best method. It means you, or a professional process server, physically hand the notice directly to the tenant.
Tacking (Posting): Alternatively, if you cannot find the tenant after a reasonable effort, you can securely post the notice on the front door of the property.
Therefore, you cannot legally deliver this notice via text, email, or regular mail in Louisiana.
Why Use a Professional to Deliver Your Notice? โ
While you can deliver the notice yourself, using a professional process server like Lafayette Process Servers LLC (operating as Metairie Process Servers) is the smartest and safest choice.
- It Creates Ironclad Proof: For instance, we provide a notarized Affidavit of Service. This document proves to the court exactly when and how we delivered the notice.
- It Guarantees Legal Compliance: In addition, our team ensures we perform the service according to the strict letter of the law.
- It Keeps You Safe: Finally, delivering an eviction notice can be confrontational. Using a neutral third party is always the safer option.
Frequently Asked Questions (FAQ)
Q: What happens if the tenant doesn’t leave after five days?
A: Your next step is to file a “Rule for Possession” (an eviction lawsuit) at your local courthouse.
Q: Do I have to accept the rent if the tenant offers to pay during the five days?
A: This is a complex legal question. Accepting rent can sometimes void the notice. Therefore, we highly recommend you consult with an attorney on this point.
Q: Is a handwritten notice legal?
A: Yes, a handwritten notice is generally acceptable as long as it contains all the necessary information.
From delivering the initial notice to serving the official court summons, we are your trusted legal support partner.
Contact us today to handle your Louisiana 5-Day Notice with the professionalism it requires.
โ ๏ธ Disclaimer
This blog post provides general information and is not a substitute for legal advice. Moreover, landlord-tenant law is complex. Always consult your lease agreement and speak with a qualified Louisiana attorney regarding your specific situation.
๐ Sources & Further Reading
- Louisiana Code of Civil Procedure, Art. 4701: The state law on the 5-Day Notice requirement. Link to Louisiana Legislature
- Sample Louisiana 5-Day Notice to Vacate Form (PDF): A downloadable example of the Notice to Quit form. Link to Sample PDF Form
- Lafayette Process Servers LLC (serving Metairie): Your expert for all legal document delivery. Link to Metairie Process Servers
About the Author
Scott Frank is the founder of Lafayette Process Servers LLC with over 20 years of experience in Louisiana legal support. He is an expert in service of process, skip tracing.