Louisiana Statewide Rule

Louisiana Eviction: Notice to Vacate and Rule for Possession

Heavy RestrictionsApplies statewide across Louisiana (2026)

Key Facts

Notice to vacate: Not less than 5 days (La. C.C.P. art. 4701)
Notice waiver: Allowed by written lease clause
Next step: Rule for possession (La. C.C.P. art. 4731)
Rule returnable: Not earlier than 3rd day after service
Judgment effect: Eviction judgment good not less than 90 days

Last verified: September 5, 2026

Summary

Louisiana eviction begins with a written notice to vacate giving the lessee 'not less than five days' under La. C.C.P. art. 4701. If the lessee does not leave, the lessor files a rule to show cause why possession should not be delivered (art. 4731); the court can render a judgment of eviction at the hearing.

When a lessee's right of occupancy has ceased because of the termination of the lease by expiration of its term, action by the lessor, nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall cause written notice to vacate the premises to be delivered to the lessee. The notice shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises. If the lease has no definite term, the notice required by law for its termination shall be considered as a notice to vacate under this Article. If the lease has a definite term, notice to vacate may be given not more than thirty days before the expiration of the term.

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Full Breakdown

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.'

Violations & Penalties

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.

Frequently Asked Questions

How many days' notice is required to evict in Louisiana?

At least five days. La. C.C.P. art. 4701 requires a written notice to vacate allowing the lessee 'not less than five days from the date of its delivery' to leave, unless the lessee waived notice in the lease.

What happens if a Louisiana tenant ignores the notice to vacate?

The lessor files a rule to show cause why possession should not be delivered under La. C.C.P. art. 4731. The court sets a hearing no earlier than the third day after service and can render a judgment of eviction at that hearing.

Can a Louisiana tenant waive the 5-day notice to vacate?

Yes. La. C.C.P. art. 4701 lets a lessee waive the notice requirement by a written waiver in the lease, allowing the lessor to begin eviction proceedings immediately when the right of occupancy ends.

Sources

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