Understanding the legal landscape of eviction notices in Louisiana is important for both landlords and tenants. It makes it possible for the parties on both sides of the rental agreement to stay informed on their rights and obligations.
For landlords, it helps them regain possession of their property while following the legal procedures for the Louisana eviction process and avoiding any legal consequences.
It also helps tenants prevent any kind of wrongful tenancy termination by safeguarding their rights.
Eviction Notice Louisiana: Laws in the State
In Louisiana, the eviction process is governed by a set of laws. The Louisiana Revised Statutes, under Title IX (Title 9) of the Civil Code covers landlord and tenant laws.
Particularly, LA Code Civ Pro § 4701 provides for the basis of eviction for non-payment of rent, while other provisions address different grounds for eviction and the respective processes.
Further, LA Code Civ Pro § 4701 adds that a lease agreement may be terminated by the lessor (landlord) for nonpayment of rent or any other reason.
It further explains that the landlord may not be required to deliver notice to the tenant. This is applicable when the tenant has signed a written waiver in the lease agreement.
Additionally, LA Rev Stat § 9:3258 (2022) states that the lessor (landlord) has the right under Louisana eviction laws to own, control, use, enjoy, protect, and dispose of property and things.
LA Civ Code Art. 2728 (2022) also makes provision for the notice requirement for the termination of the lease tenancy.
In Louisana, these various eviction laws have passed through a series of changes and amendments. The laws have currently been adjusted to protect the tenant’s rights, provide limited eviction grounds, and facilitate strict adherence to regulations.
Types of Rental Agreements in Louisiana
Rental agreements in Louisana serve specific purposes. It is therefore important for tenants and landlords to understand the nuances between these agreements.
The following are the types of rental agreements in Louisana:
- Standard Residential Lease Agreement: This serves as a legally binding contract between the landlords and tenants. It outlines the essential aspects of the lease, including the duration (typically for one year), property description, lease terms, conditions, and termination or renewal processes.
- Month-to-Month Lease Agreement: This rental agreement automatically renews itself every month, i.e., the tenant pays rent on a monthly basis. It allows the landlord and tenant to continue the lease arrangement until either party decides to terminate. This type of flexible agreement caters to those seeking a short-term commitment with the option for more extended stays.
- Sublease Agreement: This is a contractual agreement that allows a tenant to bring in a subtenant under a separate contract. This arrangement legally binds the current tenant (sub-lessor) and the subtenant (sub-lessee). In this case, the consent or approval of the landlord is paramount.
- Roommate Agreement: This serves as a vital security measure in a shared living arrangement. This binding contract outlines the terms and conditions and once signed, it holds all parties accountable for respecting and upholding the agreement.
- Commercial Lease Agreement: This is a rental agreement that is used when a business entity rents a commercial property for its day-to-day operations. It outlines the crucial details like the lease term, rent amount, maintenance duties, etc.
- Rent-to-Own Agreement: This is a lease agreement that allows landlords to rent their property with an option for the tenant to purchase later. The tenant can buy the property at a pre-negotiated price, but they are not obligated to do so.
- Association of Realtors Lease Agreement: This is a rental agreement between a landlord and tenant, but it is typically facilitated by a licensed realtor whose duties include; showing the tenant the premises, verifying the tenant’s information, negotiating the lease term, etc. After signing, the tenant gains access to the property, while the realtor is entitled to a commission in regard to their listing agreement.
Grounds for Eviction
It’s important for landlords and tenants to understand the common grounds acceptable by Louisana eviction law to evict a legal tenant.
These grounds are;
Failure to Pay Rent
In Louisana, landlords have the right to evict a tenant if he or she defaults in paying the rent due.
Rent is usually considered due a day after its date. The lease agreement may include a grace period, which the landlord must honor.
Landlords can equally refuse to accept late payment of rent and can move ahead to initiate an eviction proceeding to drive the tenant out.
Violation of Lease Terms
Lease agreements are specific to each party, as such, both parties must adhere to its terms throughout the rental period.
The eviction laws in Louisana provide that landlords can terminate a tenant agreement if the tenant fails to follow the terms of the lease agreement.
Examples of some lease violations include;
- Causing deliberate property damage;
- Smoking in non-smoking zones;
- Having pets where it is unauthorized on the property;
- Excessive noise, etc.
Illegal Activity
Another common reason apart from the grounds above, is where the tenant engages in any form of activity that is considered illegal under Louisana landlord-tenant law.
These may include activities such as drug-related offenses or criminal conduct.
Damage to Property
According to LA Civ Code Art. 2683 (2022), tenants are expected to use the rental property in a clean and habitable manner, and when the lease ends, he must deliver possession of the rental unit to the landlord in the same way the unit was delivered to him. This doesn’t include the usual wear and tear.
Therefore, where the tenant damages the property, he is required to fix the damage.
In essence, the landlord can serve a Louisiana eviction notice if the tenant fails to fix the damage that was caused by him or with his consent.
End of Lease or No Lease
Under the eviction laws in Louisana, landlords can not evict a tenant without having a good cause for it.
However, a landlord can also evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”).
The Louisiana eviction laws for tenants without a lease aren’t quite certain. However, the landlord must equally serve the eviction notice to the tenant and may proceed to the appropriate court if the tenant fails to leave after the notice period has ended.
On the other hand, for holdover tenants, the landlord may deliver an eviction notice under Louisana laws depending on the length of the tenancy agreement.
Types of Eviction Notices in Louisiana
An eviction notice in Louisana is a formal document established by a landlord informing the tenant to vacate the rental premises or adhere to its provisions.
It’s important for both parties to the rental agreement to understand the different types of eviction notices in Louisana.
It enables each party to safeguard their rights, fulfill their responsibilities, and strictly follow the legal procedure under the law. It equally fosters a fair and transparent eviction process under Louisiana laws.
Eviction Notices with Cause
In certain cases, landlords can legally send eviction notices to tenants. However, the particular circumstances of the case would determine which notice is appropriate.
- 5-Day Notice for Non-Payment of Rent
In Louisiana, if the tenant defaults in payment of rent, the landlord can issue a 5 Day Notice to vacate under Louisana laws. The eviction notice must include the reason for the eviction. It should also inform the tenant that he has five days to either pay the due rent or vacate the rental premises.
If the tenant does not leave the rental premises or pay the outstanding rent after five days, the landlord can proceed to file an eviction lawsuit in the appropriate court.
- 5-Day Notice for Lease Violation
In Louisiana, the landlord can evict a tenant who fails to oblige with the provision of the landlord-tenant laws (regarding maintenance of the rental) or fails to oblige with the terms in the lease agreement.
In this case, the landlord can serve a 5 day Notice To Vacate under Louisana laws. The notice must include the reason for the eviction and also inform the tenant that the tenancy agreement will terminate after 5 days.
The notice should inform the tenant that he has the opportunity to cure, i.e., fix the violation (where redeemable) or vacate the rental premises. However, the landlord is not legally obligated to give the tenant the chance to cure the violation.
If the tenant refuses to fix the violation (where the notice gives room for it) or leaves the rental unit after five days of the receipt of such notice, the landlord may file a lawsuit in court to obtain the order to drive such tenant out.
But where the tenant fixes the violation accordingly, the tenancy agreement will remain valid.
Eviction Notices without Cause
Typically, where there’s a lease agreement, the landlord can not terminate the agreement without a specific cause (e.g., nonpayment of rent, lease violation, etc.)
However, the landlord may terminate the lease agreement when the lease period is about to end. In other words, where the landlord doesn’t wish to renew the lease term, he may terminate it.
According to LA Civ Code Art. 2728 (2022), the landlord can issue an eviction notice according to the duration of the lease term.
- For terms longer than a month – 30 day eviction notice
- For month-to-month lease agreements – 10 day eviction notice
- For weekly tenancy agreements – 5 day eviction notice
In Louisana, eviction notices are not necessary where the tenancy agreement is a fixed one. In this case, tenants are expected to vacate the rental units after the tenancy agreement has expired.
Unless the lease agreement requests for it, the landlord isn’t obligated to give an eviction notice to fixed-term tenants.
Eviction Process in Louisiana
Issuance of Eviction Notice
In Louisiana, the first step to starting an eviction process begins with the issuance of a formal eviction notice. The landlord can serve a five-day eviction notice under Louisiana laws, either for nonpayment of rent or lease violations (as explained above).
These Louisana eviction notices are crucial to any eviction proceeding and can be delivered in person, by posting it on the rental door, or by mailing it to the tenant.
It’s important that landlords retain copies of the notice as proof of service. These are vital documents in any eviction suit. It helps to prove that the landlord has followed the proper eviction process under the Louisana eviction laws.
Filing an Eviction Lawsuit
After serving the eviction notice on the tenant, and he fails to leave the premises or fix a violation (where applicable), the landlord can proceed to file an eviction lawsuit.
In this case, the landlord would file a Rule of Possession (varies by county) in an appropriate local court. This may be in a City, District, or Justice of the Peace court where the rental property is situated.
Although the Rule Of Possession must be in a written form for other courts, it is however not necessary for justice courts.
While filing, the landlord must pay the prescribed filing fees which may vary, depending on the county of the court. The fee may be $150, more or less.
This lawsuit compels the tenant to make an appearance at the court hearing.
Serving the Tenant
Once the landlord has filed the eviction lawsuit, the court will issue a Citation (Summon). This Citation and a copy of the Rule of Possession must be served on the tenant by the sheriff or constable.
The summon must inform the tenant of the date for the court hearing. The hearing is usually at least three days after the document is served on the tenant.
However, the document must be served at least two days before the hearing.
The Summon and a copy of the Rule of Possession can be delivered to the tenant through any of the following methods;
- Personal Service: The documents can be delivered to the tenant in person;
- Posting: A copy of the documents can be placed in a secure and visible position at the entrance of the tenant’s property, in the presence of witnesses. In some cases, the witnesses would have to sign that they are aware of the delivery.
- Mailing: The documents can be mailed to the tenant by certified mail, with a return receipt.
It is important that the documents are served on the tenant in accordance with Louisiana eviction laws. Failure to adhere to the procedure could impede the eviction process. In this case, the landlord may be unable to evict the tenant or might have to start all over again.
In Louisiana, tenants are not obligated to respond and file a reply to the summon. The hearing date would be fixed regardless, and the tenant is only obligated to make an appearance at the hearing.
Court Hearing and Judgment
Both parties are expected to make an appearance in court on the hearing date. They are to present their cases backed with indisputable evidence in proof of their claims.
The burden of proof lies on the landlord to prove that the tenant has defaulted in the payment of rent, violated the lease agreement, engaged in an illegal act, or held over his tenancy term.
When presenting their case, landlords are expected to bring some supplementary documents such as the lease agreement, proof of service, evidence of the lease violation or witness(es), and many more.
On the other hand, the tenant can utilize any of the below defenses to countervail the argument of the landlord.
The judge would hear the argument of both sides and make a ruling. If the court rules in favor of the landlord, the tenant can issue an appeal against the judgment.
In its absence or where the appeal still favors the landlord, the tenant must vacate the rental premises and return possession of the rental to the landlord.
However, where the tenant wins the lawsuit, the court may allow him to remain in the rental premises till his lease term expires.
If the tenant fails to appear for the court hearing, a default judgment will be issued in favor of the landlord.
Tenant Defenses
Self-Help Eviction: It is considered unlawful for a landlord to force a tenant out of the rental unit without the court’s order. In essence, it is illegal when a landlord changes the lock of the premises, cuts off the utilities, or engages in any act intended to forcefully drive the tenant out.
Improper Notice: If a landlord fails to provide the required five-day eviction notice where a tenant fails to pay rent or violates the lease term as provided under Louisana eviction laws, the tenant can use it as a defense. However, this type of defense would only require the landlord to restart the entire eviction process.
Landlord Failed to Maintain the Property: According to the eviction laws in Louisiana, landlords must maintain the rental unit in a safe and habitable manner. If the landlord fails to perform this obligation, the tenant may use it as a defense for no or partial payment of rent. Particularly where the landlord refuses and the tenant has used part of the rent to fix necessary repairs in the rental.
Landlord Fails to Follow Proper Eviction Procedures: To properly evict a legal tenant, a landlord must strictly adhere to the eviction laws in Louisana. If a landlord fails to file the necessary eviction forms or does not do so at the appropriate time, the tenant may use it as a defense against the eviction process.
Tenant Paid Rent in Full or Partially: If the tenant paid the rent partially and the landlord accepts it, the tenant may use this to cancel out the eviction process in court. In other cases, the tenant may show a history of timely payment, and solicit to the court for more time to pay the rent in full.
Discrimination: If a landlord attempts to evict a tenant based on characteristics protected by anti-discrimination laws (such as race, religion, gender, national origin, familial status, or disability), the tenant can use discrimination as a defense against eviction.
Retaliation: Under Louisiana laws, it is illegal for a landlord to evict a tenant in retaliation to the tenant’s lawful actions such as reporting code violations, joining a tenant organization, etc.
Issuing a Writ of Possession
If the landlord wins the eviction lawsuit, the writ of possession will be issued immediately or a few days after the court’s judgment.
If the tenant remains in the rental property after the court judgment, the landlord may request for the writ.
This writ of possession serves as a final notice to the tenant to leave the rental property or be forcibly led out by the sheriff, constable, or marshal.
Once the writ has been issued, the tenant only has 24 hours to leave the rental unit. The landlord is expected to drive the tenant out only through a law enforcement agent.
Executing the Eviction
To execute the writ, the landlord must deliver it to a law enforcement agent to execute it.
The law enforcement agent would deliver the writ to the tenant and inform him to leave the rental premises within 24 hours.
If he fails to leave after 24 hours, the officer in charge, accompanied by two witnesses, will remove any hindering locks, forcibly evict the tenant, and restore the rental’s possession to the landlord.
Eviction Notice by States
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FAQs
The eviction process in Louisana typically takes two to five weeks to complete. However, this timeline may vary by the circumstances of the case.
In Louisiana, the responsibility of serving an eviction notice falls on the landlord. The landlord is required to issue a “Notice to Vacate” to the tenant.
The cost of evicting a tenant in Louisiana can vary depending on several factors. However, be prepared to spend at least $800 or more, depending on the cost of the legal fees and the court in question.
A 10 day notice to vacate in Louisana applies to month-to-month tenancies. If a landlord wants to terminate a monthly tenant, he must serve a 10 day eviction notice under Louisana laws.
An illegal eviction in Louisiana occurs when a landlord attempts to remove a tenant from a rental unit outside the established legal procedures. Specifically, the only lawful method for eviction in Louisiana is through the court system. Any alternative actions, such as changing locks or discontinuing utilities to coerce the tenant to vacate, are considered unlawful.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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