NOTICE TO VACATE AND DEMAND FOR POSSESSION

(Eviction Notice – Louisiana)

[// GUIDANCE: This template is drafted for use solely in the State of Louisiana and reflects the minimum statutory requirements of La. Code Civ. Proc. art. 4701. Verify that no local ordinances (e.g., New Orleans, Baton Rouge) impose additional or longer notice periods before use.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Notice & Demand
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Dispute Resolution
VIII. General Provisions
IX. Execution & Certificate of Service

I. DOCUMENT HEADER

1.1 Title. NOTICE TO VACATE AND DEMAND FOR POSSESSION (“Notice”).

1.2 Parties.
a. Landlord: [LANDLORD_NAME], a [STATE] [ENTITY_TYPE], whose principal business address is [LANDLORD_ADDRESS].
b. Tenant: [TENANT_NAME], whose last-known address for service is [TENANT_ADDRESS].

1.3 Lease Identification. That certain written (or oral) lease dated [LEASE_DATE] (“Lease”) covering the residential premises commonly known as [PREMISES_ADDRESS] (the “Premises”).

1.4 Effective Date. This Notice becomes effective on the date of service stated in Section IX (the “Effective Date”).

1.5 Governing Law & Jurisdiction. This Notice and any ensuing eviction proceeding are governed by Louisiana law and shall be brought exclusively in the [PARISH] Housing Court or other court of competent jurisdiction.

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below.

“Cure Amount” means the sum of unpaid rent, late fees, and any other monetary defaults as of the Effective Date, currently calculated to be $[CURE_AMOUNT].

“Cure Deadline” means [DATE – must be ≥ five (5) judicial days after Effective Date, excluding legal holidays].

“Notice Period” means the statutory minimum period of five (5) days, exclusive of legal holidays, provided under La. Code Civ. Proc. art. 4701.

“Possession Date” means the close of business on the Cure Deadline (if Cure is offered) or on the fifth (5th) judicial day following service (if Cure is not offered), by which Tenant must vacate and surrender the Premises.

III. OPERATIVE NOTICE & DEMAND

3.1 Statutory Notice. Pursuant to La. Code Civ. Proc. art. 4701, Tenant is hereby notified that Tenant’s right of occupancy has ceased by reason of the following ground(s):
[ ] Non-payment of rent.
[ ] Lease violation(s) – specify: [DESCRIPTION].
[ ] Expiration of Lease term / holdover tenancy.

3.2 Demand for Possession. Landlord demands that Tenant:
a. Fully vacate and surrender exclusive possession of the Premises to Landlord on or before the Possession Date; and
b. Leave the Premises clean, free of Tenant’s personal property, and in the condition required by the Lease.

3.3 Optional Right to Cure (Non-Payment Only).
[ ] Cure Offered. Landlord will accept full payment of the Cure Amount in cleared funds on or before the Cure Deadline, after which this Notice shall be deemed null and void and the Lease reinstated, without prejudice to future defaults.
[ ] No Cure Offered. Tenant must vacate; payment will not reinstate tenancy.

3.4 Reservation of Rights. Acceptance of partial payment shall not constitute waiver of any default unless expressly agreed in a signed writing.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord warrants that Landlord (or the undersigned agent) is duly authorized to issue this Notice and to pursue possession of the Premises.

4.2 Landlord represents that, to the best of Landlord’s knowledge, all prerequisite notices (if any) required by the Lease have been given or waived.

V. COVENANTS & RESTRICTIONS

5.1 Tenant covenants to comply with this Notice by paying the Cure Amount (if applicable) and/or surrendering the Premises by the Possession Date.

5.2 Tenant shall not commit waste, remove fixtures, or interfere with Landlord’s re-entry or re-letting efforts.

VI. DEFAULT & REMEDIES

6.1 Event of Default. Failure to cure (if applicable) or to surrender the Premises by the Possession Date constitutes a default.

6.2 Remedies. Upon default, Landlord may immediately file a Rule for Possession and seek:
a. A judgment of eviction and issuance of a writ of possession;
b. Past-due rent, holdover damages, costs, and reasonable attorney’s fees as permitted by law and the Lease;
c. Any additional relief in equity or at law.

6.3 Graduated Remedies. Nothing herein limits Landlord’s right to pursue supplementary or alternative remedies allowed under the Lease or applicable law.

VII. DISPUTE RESOLUTION

7.1 Governing Law. Louisiana substantive and procedural law governs all disputes arising from or related to this Notice and any eviction action.

7.2 Forum Selection. Exclusive venue lies in the [PARISH] Housing Court (or other court of competent jurisdiction).

7.3 Arbitration. Arbitration is not available for eviction matters under Louisiana law.

7.4 Jury Waiver. To the fullest extent permitted by the Louisiana Constitution, the parties waive trial by jury in any eviction action.

7.5 Injunctive Relief. Landlord expressly reserves the right to seek expedited or injunctive relief to obtain possession.

VIII. GENERAL PROVISIONS

8.1 Notices. Any subsequent notices shall be delivered in the manner required by Louisiana law for landlord-tenant actions or as otherwise provided in the Lease.

8.2 Severability. If any provision of this Notice is determined unenforceable, the remaining provisions shall remain in full force and effect.

8.3 No Waiver. Landlord’s failure to enforce any term shall not be deemed a waiver of future enforcement.

8.4 Integration. This Notice constitutes the entire notice required under La. Code Civ. Proc. art. 4701 and supersedes any prior oral or written communications regarding the termination addressed herein.

8.5 Amendments. Any amendment to this Notice must be in writing and signed by Landlord.

IX. EXECUTION & CERTIFICATE OF SERVICE

LANDLORD / AUTHORIZED AGENT
By: _______
Name: [SIGNATORY_NAME]
Title: [TITLE]
Date: [SIGNATURE_DATE]

Certificate of Service

I, the undersigned, certify that on the Effective Date stated below I served a true and correct copy of this Notice upon Tenant by:
[ ] Personal delivery to Tenant.
[ ] Leaving same with [PERSON_NAME] of suitable age and discretion at the Premises after reasonable but unsuccessful attempt to personally serve Tenant.
[ ] Posting (tacking) the Notice conspicuously on the main entrance of the Premises after reasonable but unsuccessful attempt to locate Tenant.
[ ] Sheriff’s delivery (attach return).

Effective Date of Service: ____

Signature of Server: ____
Printed Name: ______
Role/Badge No. (if Sheriff): ________

[// GUIDANCE:
1. Calculate the Possession Date carefully—count five (5) FULL judicial days, excluding Saturdays, Sundays, and legal holidays.
2. Maintain proof of service (sheriff’s return, signed affidavit, or photograph of posting) for court.
3. If the Lease contains a valid waiver of notice, you may proceed directly to a Rule for Possession, but many courts still prefer written notice; use this template with “Possession Date = Immediate.”
4. For non-payment of rent, consider the optional cure box; Louisiana law does not mandate a cure period, but offering one may facilitate settlement.
5. Attach a current rent ledger if seeking monetary judgment in the eviction suit.
]