Louisiana Eviction: Notice to Vacate and Rule for Possession

When a lessee's right of occupancy ends, the lessor must deliver written notice to vacate that allows 'the lessee not less than five days from the date of its delivery to vacate the leased premises' (La. C.C.P. art. 4701). A lessee may waive this notice in the lease, permitting immediate eviction proceedings. If the lessee does not vacate, the lessor proceeds under La. C.C.P. art. 4731 with a 'rule to show cause why he should not be ordered to deliver possession.' Under art. 4732 the court makes the rule returnable 'not earlier than the third day after service,' and if the lessor is entitled to relief the court renders a judgment of eviction effective 'not less than ninety days.'

No fixed monetary penalty in the notice statute. A lessee who refuses to leave after the 5-day notice can be evicted by court judgment under La. C.C.P. arts. 4731-4732 and held liable for unpaid rent and damages.