Louisiana Notice to Vacate: 2026 Landlord Rules & 5-Day Statute
Reviewed by DocDraft Legal Team · Louisiana · Last updated 2026-05-31
Louisiana Code of Civil Procedure art. 4701 requires a written notice to vacate that allows the lessee not less than five days from delivery before the lessor may seek possession, and the same five-day notice applies whether the ground is nonpayment, lease-term expiration, or any other reason. A lessee may waive the notice requirement by written waiver contained in the lease, in which case the lessor may immediately institute eviction proceedings when the right of occupancy ends. For a lease with no definite term, the Civil Code art. 2728 termination notice (ten calendar days month-to-month, thirty for longer periods) is considered the notice to vacate. If the tenant does not leave, the landlord files a rule to show cause (rule for possession) under art. 4731 in a justice of the peace, city, or parish court of competent jurisdiction. The court makes the rule returnable not earlier than the third day after service under art. 4732.
How do I serve a notice to vacate in Louisiana?
Louisiana is a civil-law state, so its service rule lives in the Code of Civil Procedure rather than a landlord-tenant act. La. Code Civ. Proc. art. 4701 requires the lessor or the lessor's agent to cause a written notice to vacate to be delivered to the lessee. The article does not list a closed set of delivery methods, and personal delivery to the lessee is the baseline. Article 4703 supplies the alternative: when the premises are abandoned or closed, or the lessee's whereabouts are unknown, the notice may be attached to a door of the premises, and that has the same effect as personal service with no separate mailing required.
How many days notice does Louisiana require for nonpayment?
La. Code Civ. Proc. art. 4701 requires a written notice to vacate that allows the lessee not less than five days from the date of delivery to vacate the premises, and that same five-day notice applies to nonpayment of rent. Louisiana does not set a different day count for nonpayment versus other grounds and does not prescribe a statutory right-to-cure period. The lessee may waive the five-day notice entirely by written waiver in the lease, in which case the lessor may move straight to filing the eviction once the right of occupancy ends.
How much notice does Louisiana require to end a lease with no cause?
It depends on whether the lease has a definite term. For a lease with no definite term, such as month-to-month, the lease must first be terminated by a Civil Code art. 2728 notice: ten calendar days before month-end for a month-to-month lease, thirty calendar days for a period longer than a month, or five calendar days for a week-or-longer-but-under-a-month term. That termination notice is considered the notice to vacate under art. 4701, so the periods do not stack. For a lease with a definite term, the lease ends on its own, and the art. 4701 notice to vacate of not less than five days may be given not more than thirty days before the term expires.
What happens after the notice period if the tenant does not vacate?
If the lessee fails to comply with the notice to vacate, or has waived the notice by written lease waiver, the lessor may have the lessee cited summarily by a court of competent jurisdiction to show cause why possession should not be delivered. This rule to show cause, also called the rule for possession, is filed under La. Code Civ. Proc. art. 4731 in a justice of the peace, city, or parish court depending on the parish and the property. Under art. 4732 the court makes the rule returnable not earlier than the third day after service, then tries the rule, and may render a judgment of eviction. The judgment of eviction is effective for not less than ninety days.
Louisiana notice-to-vacate framework at a glance
Louisiana governs residential eviction through its civil-law Code of Civil Procedure rather than a common-law landlord-tenant act. La. Code Civ. Proc. art. 4701 requires a written notice to vacate allowing the lessee not less than five days from delivery, and that single five-day notice covers nonpayment, lease-term expiration, and any other reason. Article 4701 also lets the lessee waive the notice entirely by written waiver in the lease, after which the lessor may institute eviction proceedings immediately when the right of occupancy ends. For an indefinite-term lease, the Civil Code art. 2728 termination notice (ten calendar days month-to-month, thirty for a longer period, five for a week-or-longer term under a month) is considered the notice to vacate, so the periods do not stack. Service follows art. 4701 delivery by the lessor or agent, with art. 4703 door attachment available when the premises are abandoned or closed or the tenant's whereabouts are unknown. Post-notice the case proceeds as a rule to show cause (rule for possession) under art. 4731 in a justice of the peace, city, or parish court, returnable not earlier than the third day after service under art. 4732. Louisiana does not statutorily mandate a standardized notice form; the Louisiana Supreme Court publishes uniform forms for city and parish courts, and individual courts publish local rule-for-possession forms.
Landlord Resources
Louisiana State Legislature (legis.la.gov)
Official source for the Louisiana Code of Civil Procedure (notice to vacate and eviction articles) and the Civil Code lease articles that govern landlord obligations.
Louisiana Supreme Court Uniform Forms for City & Parish Courts
Official Louisiana Supreme Court uniform forms used in city and parish courts, including the rule-for-possession stage of an eviction once the notice to vacate has run.
Baton Rouge City Court Eviction Procedure Guidelines
Illustrative local procedural guidance from the City of Baton Rouge and Parish of East Baton Rouge for filing a rule for possession; forms and steps vary by court.
Relevant Laws
La. Code Civ. Proc. art. 4701 (Notice to Vacate; Termination of Lease)
Sets the written notice to vacate of not less than five days for any ground, the rule that an indefinite-term termination notice serves as the notice to vacate, and the written lease waiver.
La. Code Civ. Proc. art. 4703 (Delivery When Premises Abandoned or Closed)
Permits attaching notices, process, pleadings, and orders to a door of the premises when the premises are abandoned or closed or the tenant's whereabouts are unknown, with the same effect as personal service.
La. Code Civ. Proc. art. 4731 (Rule to Show Cause)
Authorizes the lessor to have a non-complying or notice-waived lessee cited summarily to show cause why possession should not be delivered; the rule must state the grounds for eviction.
La. Code Civ. Proc. art. 4732 (Trial of Rule; Judgment of Eviction)
Makes the rule returnable not earlier than the third day after service, directs the court to try the rule and render judgment, and provides that a judgment of eviction is effective for not less than ninety days.
La. Code Civ. Proc. art. 4735 (Appeal; Suspensive Bond)
Provides that an appeal does not suspend execution of an eviction judgment unless the defendant answers under oath pleading an affirmative defense and files the appeal bond within twenty-four hours after the judgment.
La. Civ. Code art. 2728 (Notice of Termination; Timing)
Sets the termination-notice timing for a lease with no fixed term: thirty calendar days for a period longer than a month, ten calendar days month-to-month, five calendar days for a week-or-longer term under a month.
Federal SCRA, 50 U.S.C. § 3955 (Termination of Residential Leases)
Federal Servicemembers Civil Relief Act provision addressing residential lease termination and eviction protections for active-duty servicemembers. Consult the official U.S. Code for the current text of this provision.
Regional Variances
Louisiana eviction-court practice by parish
Orleans Parish (New Orleans)
Eviction follows the same La. Code Civ. Proc. art. 4701 five-day notice to vacate and the art. 4731 rule for possession as the rest of the state. The rule to show cause is filed in the court of competent jurisdiction for the parish, and the court makes it returnable not earlier than the third day after service under art. 4732. Filing fees are set per court rather than statewide, so confirm the current Orleans Parish court fee schedule before filing.
East Baton Rouge Parish (Baton Rouge)
The City of Baton Rouge and Parish of East Baton Rouge publish local Eviction Procedure Guidelines covering the rule-for-possession stage, an illustrative example of how local procedural detail can sit on top of the statewide art. 4701 and art. 4731 framework. Forms and fees vary by court, so verify the Baton Rouge City Court current requirements and fee schedule before filing.
Jefferson Parish
Jefferson Parish evictions run on the same statewide statutes: the art. 4701 notice to vacate of not less than five days, or a written lease waiver of that notice, then the art. 4731 rule for possession in the court of competent jurisdiction. Whether the matter sits in a justice of the peace court, city court, or district court depends on the location and value of the premises, and the filing fee is set by that specific court.
Suggested Compliance Checklist
Identify the cause for ending the tenancy
Pre-notice days after startingLa. Code Civ. Proc. art. 4701 applies a single five-day notice to vacate to nonpayment, lease-term expiration, and any other reason, so confirm the ground first. For a lease with no definite term, identify that the Civil Code art. 2728 termination notice (ten calendar days month-to-month, thirty for a longer period) will serve as the notice to vacate rather than a separate five-day notice.
Check the lease for a notice-to-vacate waiver
Pre-notice days after startingArticle 4701 lets the lessee waive the notice-to-vacate requirement by written waiver in the lease. Pull the executed lease and check for that waiver. If a valid written waiver exists, no five-day notice is required and you may proceed to file the rule for possession once the right of occupancy ends. If there is no waiver, you must serve the notice and let the period run.
Draft the written notice to vacate under art. 4701
Pre-notice days after startingThe notice must be in writing (oral notice does not satisfy art. 4701), demand that the lessee vacate, and allow not less than five days from delivery. For an indefinite-term lease, use the Civil Code art. 2728 termination notice, which is considered the notice to vacate. No Louisiana statute requires the notice to state rent owed, a statutory citation, the court name, or a signature, but the lease may add content requirements. Louisiana does not mandate a statewide form.
Serve the notice to vacate
Service days after startingUnder art. 4701 the lessor or the lessor's agent causes the written notice to be delivered to the lessee, with personal delivery as the baseline. If the premises are abandoned or closed, or the lessee's whereabouts are unknown, art. 4703 allows attaching the notice to a door of the premises, which has the same effect as personal service. Whether certified mail satisfies delivery is not resolved by the statute itself, so do not rely on mail alone without confirming the controlling rule.
Wait the full notice period before filing
Notice period days after startingDo not file the rule for possession before the notice period runs. Article 4701 requires not less than five days from delivery for the standard notice to vacate, or the art. 2728 period (ten calendar days month-to-month, thirty for a longer term) where that termination notice serves as the notice to vacate. Filing before the period expires can expose the eviction to dismissal and re-service. If a valid written lease waiver applies, no waiting period is required.
File the rule for possession in the proper court
Post-notice days after startingFile the rule to show cause (rule for possession) under art. 4731 in the court of competent jurisdiction where the property sits: a justice of the peace court, city court, or parish or district court depending on the parish and the property's location and value. The rule must state the grounds for eviction. Filing fees are set per court, not statewide, so confirm the current fee schedule for that specific court before filing.
Appear at the rule-to-show-cause hearing
Hearing days after startingUnder art. 4732 the court makes the rule returnable not earlier than the third day after service, then tries the rule and hears any defense. Bring the lease, the notice to vacate with proof of delivery (or the lease waiver), and a rent ledger if nonpayment is the ground. If you are entitled to relief, or the lessee fails to answer or appear, the court renders a judgment of eviction, which is effective for not less than ninety days.
Obtain the warrant for possession after judgment
Post-judgment days after startingAfter a judgment of eviction, seek the court's order for delivery of possession and have it executed by the appropriate officer. Note that under art. 4735 an appeal does not suspend execution unless the defendant answers under oath pleading an affirmative defense and files the appeal bond within twenty-four hours after the judgment, so track that twenty-four-hour window when monitoring for a suspensive appeal.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the cause for ending the tenancy | La. Code Civ. Proc. art. 4701 applies a single five-day notice to vacate to nonpayment, lease-term expiration, and any other reason, so confirm the ground first. For a lease with no definite term, identify that the Civil Code art. 2728 termination notice (ten calendar days month-to-month, thirty for a longer period) will serve as the notice to vacate rather than a separate five-day notice. | - | Pre-notice |
| Check the lease for a notice-to-vacate waiver | Article 4701 lets the lessee waive the notice-to-vacate requirement by written waiver in the lease. Pull the executed lease and check for that waiver. If a valid written waiver exists, no five-day notice is required and you may proceed to file the rule for possession once the right of occupancy ends. If there is no waiver, you must serve the notice and let the period run. | - | Pre-notice |
| Draft the written notice to vacate under art. 4701 | The notice must be in writing (oral notice does not satisfy art. 4701), demand that the lessee vacate, and allow not less than five days from delivery. For an indefinite-term lease, use the Civil Code art. 2728 termination notice, which is considered the notice to vacate. No Louisiana statute requires the notice to state rent owed, a statutory citation, the court name, or a signature, but the lease may add content requirements. Louisiana does not mandate a statewide form. | notice-to-vacate | Pre-notice |
| Serve the notice to vacate | Under art. 4701 the lessor or the lessor's agent causes the written notice to be delivered to the lessee, with personal delivery as the baseline. If the premises are abandoned or closed, or the lessee's whereabouts are unknown, art. 4703 allows attaching the notice to a door of the premises, which has the same effect as personal service. Whether certified mail satisfies delivery is not resolved by the statute itself, so do not rely on mail alone without confirming the controlling rule. | - | Service |
| Wait the full notice period before filing | Do not file the rule for possession before the notice period runs. Article 4701 requires not less than five days from delivery for the standard notice to vacate, or the art. 2728 period (ten calendar days month-to-month, thirty for a longer term) where that termination notice serves as the notice to vacate. Filing before the period expires can expose the eviction to dismissal and re-service. If a valid written lease waiver applies, no waiting period is required. | - | Notice period |
| File the rule for possession in the proper court | File the rule to show cause (rule for possession) under art. 4731 in the court of competent jurisdiction where the property sits: a justice of the peace court, city court, or parish or district court depending on the parish and the property's location and value. The rule must state the grounds for eviction. Filing fees are set per court, not statewide, so confirm the current fee schedule for that specific court before filing. | - | Post-notice |
| Appear at the rule-to-show-cause hearing | Under art. 4732 the court makes the rule returnable not earlier than the third day after service, then tries the rule and hears any defense. Bring the lease, the notice to vacate with proof of delivery (or the lease waiver), and a rent ledger if nonpayment is the ground. If you are entitled to relief, or the lessee fails to answer or appear, the court renders a judgment of eviction, which is effective for not less than ninety days. | - | Hearing |
| Obtain the warrant for possession after judgment | After a judgment of eviction, seek the court's order for delivery of possession and have it executed by the appropriate officer. Note that under art. 4735 an appeal does not suspend execution unless the defendant answers under oath pleading an affirmative defense and files the appeal bond within twenty-four hours after the judgment, so track that twenty-four-hour window when monitoring for a suspensive appeal. | - | Post-judgment |
Frequently Asked Questions
Yes. La. Code Civ. Proc. art. 4701 lets the lessee waive the written-warning requirement entirely by a written waiver contained in the lease. When a lease holds that waiver, the lessor does not have to deliver the five-day demand and may institute eviction proceedings immediately once the right of occupancy ends, which materially compresses the timeline. Many Louisiana residential leases contain such a waiver, so a tenant should read the lease to learn whether any advance warning is owed at all. Absent a valid written waiver, the lessor must still allow not less than five days from delivery before seeking possession.
If the lessee does not comply with the notice to vacate, or has waived notice by written lease waiver, the lessor files a rule to show cause, also called a rule for possession, under La. Code Civ. Proc. art. 4731 in a court of competent jurisdiction. The rule must state the grounds on which eviction is sought. Under art. 4732 the court makes the rule returnable not earlier than the third day after service, then tries the rule and hears any defense. If the lessor is entitled to relief, or the lessee fails to answer or appear, the court renders a judgment of eviction immediately. That third-day point is a statutory floor, not a fixed hearing date.
Active-duty servicemembers are covered by the federal Servicemembers Civil Relief Act at 50 U.S.C. § 3955, which addresses residential lease termination and eviction protections for servicemembers. Louisiana has no state-specific statute granting servicemember tenants an early lease-termination right; tenants rely on the federal SCRA. A landlord who learns a tenant is a servicemember should verify SCRA status before proceeding. Confirm the controlling SCRA subsection and any state military-affairs provision with current primary sources before relying on specific terms.
The notice to vacate under art. 4701 must be in writing, demand that the lessee vacate, and allow not less than five days from delivery unless that requirement is waived by written lease waiver. For an indefinite-term lease, the Civil Code art. 2728 termination notice serves as the notice to vacate. No Louisiana statute requires the notice to state the amount of rent owed, a statutory citation, the court name, or a landlord signature, though the lease may impose added content. Because the rule to show cause must state the grounds for eviction and the notice timing must be satisfied, a notice that is oral, gives too little time, or skips a required step can undercut the eviction. Confirm the period and delivery before filing.
Louisiana has no statute establishing a general landlord anti-retaliation prohibition for residential evictions, so retaliation arguments rest on case law rather than a specific statute of the kind some other states have enacted. Retaliation may be raised as a defense through case law rather than a quotable primary statute. Because this area of law can change, landlords should confirm the current status of retaliatory-eviction defenses before taking action.
The rule to show cause is filed in a court of competent jurisdiction where the property is located, which may be a justice of the peace court, a city court, or a parish or district court, depending on the parish and the location and value of the premises. There is no single statewide eviction court. Filing fees are not statewide-uniform; they are set per court and vary by court type and parish, so the specific court's published fee schedule controls. Confirm both the correct court and its current fee schedule for the parish where the property sits before filing.
Louisiana has no statewide just-cause eviction requirement. At the end of a fixed-term lease the landlord may decline to renew without stating a reason, and a lease with no definite term may be terminated by either party using the Civil Code art. 2728 notice (ten calendar days for month-to-month) without cause. That art. 2728 termination notice is considered the notice to vacate under art. 4701. Because laws can change, verify the current law before proceeding with a termination.
La. Code Civ. Proc. art. 4703 provides that if the premises are abandoned or closed, or if the whereabouts of the lessee or occupant is unknown, all notices, process, pleadings, and orders required to be delivered or served under this Title may be attached to a door of the premises, and that has the same effect as delivery to or personal service on the lessee. This is Louisiana's substitute-service mechanism for eviction matters. It applies only in those conditions; it is not a freely available substitute for personal delivery, and no separate secondary mailing is required by art. 4703 when it applies.
Other Louisiana guides
How to Break a Lease in Louisiana Legally (2026)
Tenant Rights in Louisiana: Renting a New Property (2026)
Landlord Rules in Louisiana: Renting Out Property (2026)
Selling a House with Renters in Louisiana (2026)
How to File a Small Claims Lawsuit in Louisiana (2026)
How to Dispute a Bill in Louisiana (2026)
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