Louisiana eviction laws
Notices, deadlines, court and tenant rights in Louisiana — in plain English.
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Overview
- The court case
- Eviction (rule to evict)
- Court
- Justice of the Peace court, City/Parish court, or District Court where the property is located
- Main laws
- La. Code Civ. Proc. arts. 4701-4735; La. Civil Code arts. 2678-2729
Just-cause protection
No statewide law
Louisiana has no just-cause rule. A month-to-month lease can be ended without a reason with proper notice. State law prohibits local rent control. (La. C.C. art. 2728; La. R.S. 9:3258)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — Notice to Vacate (5-Day Notice)
The landlord must give a written 5-day notice to vacate (unless the lease waives it). Louisiana does not require the landlord to give the tenant a chance to pay.
Notice to Vacate (5-Day Notice)
- Notice period
- 5 days
- Counting
- At least 5 days from delivery. Louisiana does not count weekends and legal holidays in periods shorter than 7 days, so count 5 business days after delivery.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Reason for termination (recommended)
- Statement that the tenant must vacate the premises within 5 days of delivery
- Date and landlord or agent signature
- Amount of rent owed (recommended)
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Registered mail; Certified mail (return receipt). Deliver the notice to the tenant in person or leave it at the tenant's home with a person of suitable age who lives there (domiciliary delivery). If the premises are abandoned or no one can be found, the notice may be attached to the door. Many courts also accept registered or certified mail. Double-check with the court: local city/parish court rules; some courts want a witness to delivery.
- Law
- La. C.C.P. arts. 4701, 4703
- Many Louisiana leases contain a waiver of the notice to vacate. If the written lease waives it, the landlord can file once the lease is terminated. Double-check with the court: the waiver must be in the written lease.
- Accepting rent after serving the notice can waive it.
The tenant broke the lease or rules — Notice to Vacate (5-Day Notice)
For a lease violation, the landlord terminates the lease and gives a written 5-day notice to vacate (unless waived in the lease). There is no statutory right to cure.
Notice to Vacate (5-Day Notice)
- Notice period
- 5 days
- Counting
- At least 5 days from delivery. Louisiana does not count weekends and legal holidays in periods shorter than 7 days, so count 5 business days after delivery.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Reason for termination (recommended)
- Statement that the tenant must vacate the premises within 5 days of delivery
- Date and landlord or agent signature
- The lease terms the tenant violated
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Registered mail; Certified mail (return receipt). Deliver the notice to the tenant in person or leave it at the tenant's home with a person of suitable age who lives there (domiciliary delivery). If the premises are abandoned or no one can be found, the notice may be attached to the door. Many courts also accept registered or certified mail. Double-check with the court: local city/parish court rules; some courts want a witness to delivery.
- Law
- La. C.C.P. arts. 4701, 4703
The lease ended and the tenant stayed — Notice to Vacate (5-Day Notice)
A fixed-term lease ends on its date without notice to terminate, but the landlord still must give the 5-day notice to vacate (unless waived). The notice can be given up to 30 days before the lease ends.
Notice to Vacate (5-Day Notice)
- Notice period
- 5 days
- Counting
- At least 5 days from delivery. Louisiana does not count weekends and legal holidays in periods shorter than 7 days, so count 5 business days after delivery.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Reason for termination (recommended)
- Statement that the tenant must vacate the premises within 5 days of delivery
- Date and landlord or agent signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Registered mail; Certified mail (return receipt). Deliver the notice to the tenant in person or leave it at the tenant's home with a person of suitable age who lives there (domiciliary delivery). If the premises are abandoned or no one can be found, the notice may be attached to the door. Many courts also accept registered or certified mail. Double-check with the court: local city/parish court rules; some courts want a witness to delivery.
- Law
- La. C.C.P. art. 4701
- If the tenant stays more than 1 week after the lease ends without objection from the landlord, the lease may be reconducted (renewed) month-to-month (La. C.C. arts. 2721-2723).
Ending a month-to-month tenancy (no fault) — Notice of Termination of Lease / Notice to Vacate
A month-to-month lease can be ended with written notice at least 10 calendar days before the end of the month; week-to-week needs 5 days; a lease with no set term by the year needs 30 days. After it ends, a 5-day notice to vacate is needed unless waived. The termination notice itself can serve as the notice to vacate.
Notice of Termination of Lease / Notice to Vacate
- Notice period
- 10 days (week-to-week: 5 days, month-to-month: 10 days, year-to-year: 30 days)
- Counting
- Month-to-month: deliver at least 10 calendar days before the end of the month. Week-to-week: at least 5 days before the end of the week. Year-to-year: 30 days before the end of the year.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Reason for termination (recommended)
- Statement that the tenant must vacate the premises within 5 days of delivery
- Date and landlord or agent signature
- End date of the lease (last day of the rental period)
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Registered mail; Certified mail (return receipt). Deliver the notice to the tenant in person or leave it at the tenant's home with a person of suitable age who lives there (domiciliary delivery). If the premises are abandoned or no one can be found, the notice may be attached to the door. Many courts also accept registered or certified mail. Double-check with the court: local city/parish court rules; some courts want a witness to delivery.
- Law
- La. C.C. art. 2728; La. C.C.P. art. 4701
- For indefinite-term leases, a proper termination notice also serves as the notice to vacate (art. 4701).
Illegal activity, violence or serious damage — Notice to Vacate (5-Day Notice)
Louisiana uses the same 5-day notice to vacate for criminal activity or serious damage. There is no cure right.
Notice to Vacate (5-Day Notice)
- Notice period
- 5 days
- Counting
- At least 5 days from delivery. Louisiana does not count weekends and legal holidays in periods shorter than 7 days, so count 5 business days after delivery.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Reason for termination (recommended)
- Statement that the tenant must vacate the premises within 5 days of delivery
- Date and landlord or agent signature
- Description of the illegal activity or damage
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Registered mail; Certified mail (return receipt). Deliver the notice to the tenant in person or leave it at the tenant's home with a person of suitable age who lives there (domiciliary delivery). If the premises are abandoned or no one can be found, the notice may be attached to the door. Many courts also accept registered or certified mail. Double-check with the court: local city/parish court rules; some courts want a witness to delivery.
- Law
- La. C.C.P. art. 4701
- Double-check with the court: federally assisted housing may require different notices.
How a tenant responds
The court issues a rule to show cause with a hearing date no earlier than the 3rd day (not counting weekends/holidays) after service. The tenant may file a written answer before the hearing or answer at the hearing, and must appear. A judgment of eviction allows 24 hours before a warrant issues; appeals must be filed within 24 hours and a bond may be required.
Deadline: at the hearing (no fixed written-answer deadline) · La. C.C.P. arts. 4731, 4732, 4733, 4735
City and local rules
- New Orleans: eviction cases go to First City Court (east bank) or Second City Court (Algiers). Louisiana prohibits local rent control (La. R.S. 9:3258).
Official court forms
Landlords
- Notice to Vacate (General) / Notice to Vacate (Non-Payment of Rent)
- Rule to Evict with Order
- Affidavit in Support of Rule for Eviction
- Request for Warrant of Possession
Sources
- La. C.C.P. art. 4701 (Louisiana Legislature)
- Baton Rouge City Court - Eviction Procedure Guidelines (2024)
- Louisiana Law Help - Evictions
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.