Landlords in Louisiana have the authority to remove renters who pay their rent late. This is how.
Table of Contents
When Is Rent Due in Louisiana?
Unless otherwise specified in the contract, rent is always due on the first of each month. Rent is due on the first of the month regardless of whether it is a weekend or holiday. Landlords in Louisiana are not obligated to grant tenants a grace period before incurring late fees or initiating eviction proceedings.
However, the landlord and renter might agree on various lease terms. For instance, the landlord may agree not to impose a late fee for the first three days after rent is due. Whatever the agreement is, it must be in writing and included in the lease. Both the landlord and the tenant are expected to abide by the lease conditions.
Notice of Five Days to Vacate
When a tenant fails to pay rent on time, a landlord in Louisiana may issue the renter a five-day notice to depart. This is the first step toward being evicted. The five-day notice must say that the tenant has five days to vacate the rental unit or face an eviction lawsuit. Weekends and holidays are not included in the five-day period. After providing the renter this five-day notice, the landlord is not obligated to accept rent payments. This implies that the landlord may still continue with the eviction even if the tenant pays the rent in full after receiving the five-day notice to quit. (Art. 4701 of the Louisiana Civil Code Ann.)
A example five-day notice is available online from the New Orleans Bar Association.
What is in Louisiana’s Five-Day Notice to Vacate?
A five-day written notice to vacate must contain the following information:
date the notice was served on the tenant(s) name(s) and address of tenant(s)s a statement that the reason for the notice is that the tenant failed to pay rent and the tenant must move out of the rental unit in five days or the landlord will file an eviction lawsuit with the court, ands a certificate of service specifying how the notice was given to the tenant.
Because paying rent after getting a notice does not halt the eviction process, the amount of rent due and owing does not need to be included in the notice. However, the landlord should disclose this information since it would most likely be required for the eviction litigation.
Giving the Tenant the Notice
It is preferable for the landlord or the landlord’s agent to give the tenant the five-day notice to depart immediately. However, if the landlord is unable to locate the tenant, the notice may be posted on the front door of the rented unit. (Art. 4703 of the Louisiana Civil Code Ann.)
Going to Louisiana Eviction Court
If the tenant fails to vacate the rental unit within five days, the landlord may file a petition with the judge of the peace in the county where the rental unit is situated. This will initiate the eviction case in court. The renter will be advised of the eviction once the court sets a day and time for a hearing before a judge. If the court orders the eviction, the tenant will have 24 hours to vacate the leased property. If the tenant does not vacate the premises within 24 hours, the judge will issue a warrant for possession, which is a court order empowering the local sheriff or constable to carry out the eviction. (Articles 4731–4734 of the Louisiana Civil Code Ann.)
The only legal method to evict a renter is to go to court and get a judge’s authorization. The landlord cannot attempt to evict a tenant by changing the locks on the doors or turning off the utilities to the rented property. This is known as a “self-help” eviction, and any tenant who has been subjected to a landlord’s self-help has the right to sue the landlord for an unlawful eviction.
Additional Resources for Louisiana Landlord-Tenant Relationships
The City of Shreveport’s website contains eviction information as well as sample paperwork. Legal assistance groups, such as Southeast Louisiana Legal Services, may also help with landlord-tenant issues.
