Waiver of 5 day notice - Landlord Forum thread 337682

Waiver of 5 day notice by MIke (Louisiana) on July 28, 2015 @10:43

I am the landlord. I have a 1 year lease agreement that I began with my tenant 6/1/15. He has been nothing but problems and we are currently in the eviction process. He has fixed all the issues I had with him and might let him stay, but I'm thinking about the upcoming months if he does it again.

I don't want to go through the "5 day" notice again with him in the future...can I amend the lease agreement to waive the "5 day notice to vacate" by re-printing the lease and we both sign it?

Or do you guys think its too major of a change in the agreement?

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Re: Waiver of 5 day notice by Garry (Iowa) on July 28, 2015 @11:11	[ Reply ]

You can change anything in your lease you want to, as long as YOU BOTH agree to it IN WRITING, with a new date attached to it, and it does not contradict state law. And, yes, you HAVE to follow your state's LL/T laws regarding notices EVERY TIME, if you ever expect to win in court. About your current eviction-----if its for issues he has already fixed, I doubt a judge will grant you an eviction. As for you "might let him stay", that will be up to the judge, not you. If you want him to sign a new lease, offer him a $50 DECREASE in rent, if he will sign one with your terms in it , AND it becomes a MTM lease.

Re: Waiver of 5 day notice

Re: Waiver of 5 day notice by MrDan (Georgia) on July 28, 2015 @13:35	[ Reply ]

Under Louisiana Landlord Tenant Law, "a lessee may waive the notice requirements by written waiver contained in the lease, in which case, upon termination of the lessee’s right of occupancy for any reason, the lessor or his agent may immediately institute eviction proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil Procedure". The down side of having such a clause; Scares better qualified tenants away and takes longer to rent out the premises, than going through the eviction process itself. Acceptance of rent before Judgment of Eviction cancels the process and prevents the lessor from obtaining such a Judgment. Louisiana case law directs landlords to specify the reason for termination, which often gives the tenant a defense to eviction. This is also one of the Louisiana Landlord Tenant Statues that legislators will most likely strike from the statues in 2016.

Re: Waiver of 5 day notice