Landlord Notice to Vacate

A notice to vacate is used by a landlord when a tenant has breached a provision of the lease agreement and the landlord wants the tenant to move out.

The notice to vacate must be written and the tenant must be given at least five (5) days to vacate the premises. The counting of the 5 days does not include holidays, weekends, or the day that the notice to vacate is delivered.

The notice to vacate should also state the reason why the tenant is being asked to move. For example, if the tenant has not paid rent, the notice should state it is for nonpayment of rent. If the tenant is being asked to vacate for breach of the lease, say for having a pet when no pets are allowed, the notice should specifically state this.

A tenant has the ability to waive the right to a notice to vacate. This will be done through the lease agreement between the two parties. If this is the case, the first notice given to the tenant will be the actual service of eviction papers from the constable. In situations where the tenant has waived their right to a notice to vacate, the landlord may go straight to the justice of the peace court to file for an eviction.

While there is no standard form for a notice to vacate, here are a few requirements surrounding the document itself:

· Must be delivered by the landlord, or agent of the landlord.

· Should simply state that the tenant has 5 days from the date of delivery to vacate

· If hand-delivered, landlord should bring at least one witness who can testify in court as to the service.

· If alone, a photograph with a time stamp will likely suffice.

If the property has been abandoned or the location of the tenant is unknown, the notice to vacate may be attached to a door of the premises in front of the landlord's witness ("tacking") or mailed to the tenant via certified mail - return receipt requested.

La. C.C.P. art. 5251(1) defines an absentee as one "who cannot be found and served after a diligent effort," however, the law does not impose the same stringent condition with regards to the notice to vacate.