A tenant who has breached the conditions of their lease contract may be presented with an eviction notice. Louisiana eviction notice templates relate to simple and commonly used forms in Louisiana and other parts of the United States. The way landlord may create free eviction notice for their tenant varies across the states, so it is important to be aware of the legal requirements of each state.
Evictions often occur when the tenant has stopped paying the rent. There are other possible causes of evictions and notices to vacate the property. These are the main reasons for giving the tenant such a notice to vacate in Louisiana:
Most states recommend trying to solve the issue between the parties before proceeding to court. The sides may come to an understanding sometimes, but there are cases when this is not possible. The landlord cannot forcefully remove the tenant from the property, so they need to follow the procedures outlined by the Louisiana laws carefully.
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When the tenant has to vacate the property for reasons related to eviction or just due to the natural termination of the lease, the lessor has to provide written notice. The notice can be placed on the front door, and it will be counted as delivered. In Louisiana, according to the Code of Civil Procedure, the tenant should have five days or more to vacate the property after the delivery of the notice.
Note that some rental agreements in Louisiana may contain a waiver of the notice. It is very important because if the tenant has agreed to it, they would not have five days to vacate the property. Always check whether your contract has such a clause in it and make sure if you have agreed to it.
In Louisiana, the landlord does not have to allow the tenant time to solve the problem. It means that, unlike in some other states, the tenant can still be evicted even if they decide to, for example, pay the outstanding rent later to avoid eviction.
During court proceedings related to the eviction, you do not need to have an attorney present. You are free to have one though (and even recommended to have one by the state) if you are contesting the eviction.
After the eviction process is over, the landlord may want to collect the outstanding rent or obtain personal items from the property. It is recommended for the landlord to contact an attorney in such cases to make sure that they will not have to pay damages to the tenant after.
A 5-Day Notice to Vacate (Rent Non-Payment)
It is the notice that the landlord gives to the tenant if they have stopped paying rent. It guarantees that they have five days to vacate the property. Note that these days do not include weekends or holidays.
Notice to Terminate a Month-to-Month Tenancy
With a month-to-month agreement, the landlord and the tenant may wish to terminate it quickly at any point. The notice would be 10 days prior to moving out in such cases.
A 5-Day Notice to Vacate (Non-Compliance)
It is a written notice that the tenant should receive whether they have breached the agreement with the landlord differently. This could be when there were too many people living on the property or if they had a pet and were not supposed to have one.
The cause could vary from not paying the rent to committing a violent crime.
It has to be in written form. As we mentioned earlier, the notice would be treated as delivered if it is placed on the front door if the tenant has not answered the door.
In case the tenant has ignored the notice, proceed with the justice of the peace or through the city court.
The appearance should happen three days after the tenant has been notified. The tenant must explain why they did not vacate the property.
If the judge rules in favor of the landlord, the tenant has only 24 hours to vacate the property.
Sometimes the tenant may not leave the property within the required 24 hours. The landlord will need a judgment of eviction. The court will issue a warrant to the local law enforcement and they will have to remove the tenant.
The eviction process can be complex and may involve more than one form. These are the forms that could be used in Louisiana courts processing evictions:
If the tenant is serving the country, the decision-making process in court may be different.
The Order to Show notifies the tenant about the requirement to appear in court. The hearing should be set after at least three days from the delivery of the order.
This form submitted by the landlord typically starts the court eviction process.
The law enforcement officer has to step in and carry out the delivery of the possession of the property when such a warrant is issued. It happens if the tenant fails to vacate the property after the judgment of eviction.
This form contains the information that the court needs to deal with the eviction case.
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