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Eviction notices in Louisiana

Source: La. C.C.P. arts. 4701, 4703, 4731-4735, 5059; La. R.S. 1:55 · Checked against the statute

Unpaid rent
5 business days (notice to vacate, no right to pay)
Lease violation
5 business days (notice to vacate, no right to fix)
Serious or repeat violation
No separate notice in statute

Louisiana eviction notice deadline

Choose the state, the type of notice and the date it was served.

Notice for unpaid rent

When the tenant's right to occupy has ended (including for nonpayment of rent), the landlord must deliver a written notice to vacate giving the tenant at least 5 days from delivery to leave (La. C.C.P. art. 4701). A written lease can waive this notice; if it does, the landlord may file for eviction immediately after the right of occupancy ends (art. 4701, 4731(A)).

Can the tenant pay to stop it? The statute gives no right to pay and stop the notice; whether the landlord accepts rent is up to the landlord.

Type:
Notice to vacate, no right to pay
Notice period:
5 business days
Days not counted:
Sundays, Saturdays and other legal holidays (La. C.C.P. art. 5059(C)(3) excludes legal holidays from periods under 7 days; La. R.S. 1:55 makes Sundays legal holidays and Saturdays at least half-holidays, which count as legal holidays)
Law:
La. C.C.P. art. 4701

Notice for a lease violation

The same 5-day notice to vacate applies when the lease ends because of action by the landlord or 'for any other reason', which includes a lease violation (La. C.C.P. art. 4701). The lease may waive the notice.

Chance to fix it: No statutory right to cure.

Type:
Notice to vacate, no right to fix
Notice period:
5 business days
Days not counted:
Sundays, Saturdays and other legal holidays (La. C.C.P. art. 5059; La. R.S. 1:55)
Law:
La. C.C.P. art. 4701

How the days are counted

The day of delivery is not counted; the last day is counted unless it is a legal holiday, in which case the period runs to the end of the next day that is not a legal holiday. Because the notice period is under 7 days, legal holidays inside the period are also excluded (La. C.C.P. art. 5059). Sundays are legal holidays and Saturdays are at least half-holidays statewide (whole holidays in many parishes); half-holidays count as legal holidays (La. R.S. 1:55; art. 5059(C)). No extra days for mailing are set by statute.

How the notice must be delivered

The notice must be written and 'delivered' to the tenant (art. 4701); the article does not list delivery methods. If the premises are abandoned or closed, or the tenant's whereabouts are unknown, notices may be attached to a door of the premises (La. C.C.P. art. 4703).

If the tenant doesn't pay, fix it or leave

If the tenant does not leave, the landlord files a rule to show cause in a court of competent jurisdiction (art. 4731). The hearing can be set no earlier than the third day after service; the tenant may present defenses at the hearing (art. 4732(A)). If the landlord wins or the tenant does not appear, judgment of eviction is rendered immediately; if the tenant has not left within 24 hours, the court issues a warrant to the sheriff, constable or marshal, who executes it (arts. 4732(B), 4733, 4734). Without court process, the landlord may retake the premises only on a reasonable belief that the tenant abandoned them (art. 4731(B)). An appeal suspends the eviction only if the tenant answered under oath with an affirmative defense and filed the appeal and bond within 24 hours (art. 4735).

Also good to know

  • Many Louisiana leases contain a waiver of the 5-day notice; if so, the landlord can file right away (art. 4701).
  • In parishes under a federal disaster declaration, leaving the home is not treated as abandonment for 30 days after the declaration (art. 4731(C)).
  • If the lessor fails to comply with art. 4731 (e.g. retakes the home without court process when it is not abandoned), a residential lessee may recover $500 or twice the monthly rent, whichever is greater, and may get a restraining order or preliminary injunction (art. 4731(C)(2)). A judgment of eviction stays effective for at least 90 days (art. 4732(B)).

Related

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.