Housing & Tenant · Eviction Notice
Eviction Notice in Louisiana
How many days of written notice a landlord must give before filing an eviction in Louisiana, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Louisiana
The written notice for each reason a landlord can end a tenancy, and what each one means.
A written waiver in the lease removes the notice requirement entirely rather than shortening it. It has to be a written waiver contained in the lease, not a background default a court reads in, and standard Louisiana residential leases very often contain one.
| Reason for the notice | Notice in Louisiana | What it means |
|---|---|---|
| Termination of the right to occupy (including nonpayment) | 5 days | A single written notice to vacate giving not less than five days from delivery covers any termination, including nonpayment, end of term, or action by the lessor (La. C.C.P. art. 4701). It is a notice to leave, not a chance to pay and stay. |
| Where the lease contains a written waiver of notice | Immediate | A lease may contain a written waiver of the notice to vacate. Where it does, the lessor may immediately begin eviction proceedings once the right of occupancy ends (La. C.C.P. art. 4701). |
| No cause, month-to-month | 10 calendar days | A no-cause end of a month-to-month tenancy must land at least ten calendar days before the end of the month (La. Civ. Code art. 2728). A term of a week up to a month takes 5 calendar days. |
| After the notice | Court | A notice to vacate, then a rule for possession. Louisiana uses civil law vocabulary throughout, lessor and lessee rather than landlord and tenant, which is worth knowing when searching for the rule. |
| Statute | La. Code Civ. Proc. art. 4701; La. Civ. Code art. 2728 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Louisiana. This is legal information, not legal advice.
- Look for the waiver clause in your lease
In Louisiana the first step is not counting days. Standard residential leases often contain a written waiver of the notice to vacate. If yours does, the lessor can move to evict immediately once the right to occupy ends, so read the lease before relying on the five days.
- Understand the notice is to leave, not to pay
The Louisiana five-day notice to vacate is not a pay-or-quit notice. It does not, by itself, give a statutory right to pay the back rent and stay. If you can pay, work it out with the lessor in writing before the five days run.
- Respond to the rule for possession
After the notice, the lessor files a rule for possession and you are served with a court date, which can come quickly. Appear with your lease and any records. Only a court can order you removed.
- Get local legal help
A local Louisiana legal aid office can read the waiver clause and explain the rule for possession. Search for legal aid in your parish and act before the court date.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Louisiana renters get wrong
Louisiana is the only state where the eviction notice can be signed away before the tenancy even starts. Article 4701 of the Code of Civil Procedure sets a written notice to vacate of not less than five days, and then, in the next sentence, lets the lease delete it: a written waiver contained in the lease allows the lessor to begin eviction proceedings immediately once the right to occupy ends. Standard Louisiana residential leases very often contain that waiver, so the printed statutory figure is not the number that governs most renters. The five-day notice is also a notice to leave, not a pay-or-quit notice, so it does not by itself give a statutory right to pay the back rent and keep the home. Ending a month-to-month tenancy without cause takes at least ten calendar days before the end of the month under Civil Code article 2728. Louisiana uses civil law vocabulary throughout, lessor and lessee rather than landlord and tenant, so the practical first step here is not counting days, it is finding the waiver clause in the lease.
Common questions
Did I sign away my right to a Louisiana eviction notice?
You may have. La. C.C.P. art. 4701 lets a lease contain a written waiver of the notice to vacate, and many standard Louisiana residential leases do. If yours contains that waiver, the lessor can begin eviction immediately once your right to occupy ends, with no five-day notice.
Where in the lease would the Louisiana waiver be?
It is usually a clause stating that the lessee waives the notice to vacate required by law. It has to be a written waiver contained in the lease, so read the termination and default sections carefully, and get help if the wording is unclear.
Does the Louisiana five-day notice give me a chance to pay?
Not by itself. The five-day notice to vacate under art. 4701 is a notice to leave, not a statutory pay-or-quit notice, so paying does not automatically stop it. If you can pay, reach a written agreement with the lessor before the five days run.
Why does Louisiana say lessor and lessee instead of landlord and tenant?
Louisiana follows a civil law tradition rather than the common law used in the other states, so its code uses lessor and lessee. The rules work similarly in practice, but the vocabulary is different, which matters when you are searching for the law.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.