Eviction Notice for Month-to-Month Renters in Louisiana: A Legal Guide
- Jack Ferguson
- Mar 22
- 4 min read
Landlords in Louisiana have to follow a specific legal procedure to execute an eviction and rental agreement termination. For month-to-month renters, an eviction notice in Louisiana works as-per the state criteria, legally maintaining balance and equity. It is imperative for both landlords and tenants to understand the correct protocols so that no legal disputes happen. Browse Around
Legal Requirements for Evicting a Month-to-Month Renter in Louisiana
A landlord provides the tenant a written 10-day notice to vacate the rental property. In this scenario, the landlord serves the tenant until the agreed-upon date. The eviction procedure commences only after this notice period.
In Louisiana, any lease agreement that is month-to-month can be legally terminated under the following criteria:
- The tenant must be given written notice.
- The date of termination is clearly articulated.
- Standard procedures such as personal delivery, certified mail, or posting at the rental address is followed.
If the eviction notice duration is up and the tenant has not vacated, the landlord is then uplifted to initiate an eviction legal suit.
Types of Eviction Notices for Month-to-Month Tenants
1. 10-Day Notice to Terminate Tenancy
This is the standard notice required to end the month-to-month lease. No justification will be provided in this scenario, however the proper protocols and rules will be followed.
2. Notice of Non-Payment of Rent for 5 Days
A landlord can issue a five-day notice for a month-to-month tenant. This means the tenant needs to pay overdue rent and vacate the property within five business days.
3. Notice “Cure or Quit”
A landlord can issue “Notice Cure or Quit” if a tenant breaches the lease by keeping unauthorized pets, causing property damage, making excessive noise, etc.
4. Eviction Notice For Illegal Activity
In case a tenant engages in criminal activities like drug abuse, a landlord can serve an eviction notice immediately without observing any waiting notice period.
How To Serve An Eviction Notice
An eviction notice should be served the legally valid way which is through:
- A recognized Delivery Method which means handing the notice directly to the tenant.
- Posting at the rental unit which involves putting it on the door or visible place.
- Certified Mail where the letter is sent with proof of receipt.
Failure to serve these notices results delays in court or dismissal in court proceedings due to incorrect notice being served.
What Happens After an Eviction Notice Is Served?
After sending a valid eviction notice, there are a few possible actions the tenant can take within the designated response timeframe:
- Move out by the deadline.
- Remit payment or rectify violation (if applicable).
- Do nothing and allow the landlord to file an eviction lawsuit.
The landlord must file a Rule for Possession in the local parish court if the tenant chooses not to leave.
The Legal Eviction Process in Louisiana
Step 1: Filing an Eviction Lawsuit
The landlord must file a lawsuit in court if the tenant fails to comply with the eviction notice. In most cases, a hearing is set 3-5 days from the day the case is filed.
Step 2: Court Hearing and Judgment
The landlord and tenant are given the opportunity to showcase their case in front of the judge. If the judgment is in favor of the landlord, a writ of possession will be issued. Tenants must vacate within 24 hours post the issuance.
Step 3: Sheriff Enforcement of Eviction
If the tenant decides to stay, the landlord can apply for sheriff enforcement. Law enforcement is the only one who has legal power to evict a tenant.
Defenses and Rights of a Tenant Legally
All lawful tenants possess a number of rights which, among other things, safeguard them from unlawful eviction and confiscation of territory. Some of the prevalent defenses are as follows:
* Incorrect provision of an eviction notice (notice is neither served nor posted).
* Retaliatory eviction for reporting dangerous conditions within the building.
* Discrimination on the basis of gender, race, disability, class, or other protected categories.
* Issuing an eviction notice or intention to vacate a rental property but subsequently accepting a partial rent payment.
If the tenant proves his or her case in court, the court may decide in the tenant's favor and may allow the tenant to keep the property for a period of time.
As stated in the beginning of this article, month-to-month renters within the state of Louisiana must ensure that they follow the correct processes within the law, otherwise known as legal uploading and servicing of notice, as well as ensure the eviction request is sent for proper filing. The landlord has the responsibility to give proper notice together with all relevant supporting documents, and only afterward can he or she formally initiate an eviction. As for the tenant, it is important to know what steps need to be taken so that no unnecessary legal action is required to be dealt with.
The legal regulations of Louisiana set out essential requirements for an eviction, and these underscore the points that allow the rental termination to legally and effectively be executed.
Comentarios