⚜️ Louisiana Eviction Notice Laws
Complete Landlord Guide to Louisiana Eviction Requirements
📋 Updated for • LA CCP Art. 4701Last reviewed: January
Louisiana requires only a 5-day notice for non-payment of rent under Louisiana Code of Civil Procedure Art. 4701. Eviction actions (called Rule for Possession) are filed in City Court or Parish Court. Louisiana operates under a civil law system — unique in the United States — which produces somewhat different procedures than common-law states. There is no statewide rent control and no just-cause eviction requirement. Uncontested evictions typically resolve in 2–3 weeks, making Louisiana one of the fastest eviction states in the country. New Orleans has some additional local tenant protections to be aware of.
📑 Table of Contents
📝 Louisiana Eviction Notice Types
Louisiana’s notice system is governed by Louisiana Code of Civil Procedure Art. 4701 and Louisiana Civil Code Art. 2686. Louisiana does not use “pay or quit” or “cure or quit” language the same way other states do — the notice is simply a notice to vacate, and the tenant’s failure to comply leads directly to a Rule for Possession filing.
Louisiana is the only U.S. state operating under a civil law system derived from French and Spanish law. This means some terminology and procedures differ from other states — eviction actions are called “Rule for Possession,” courts are called City or Parish Courts, and procedural rules follow the Louisiana Code of Civil Procedure rather than common law precedent.
5-Day Notice to Vacate (Non-Payment)
LA Code of Civil Procedure Art. 4701
For non-payment of rent, Louisiana requires a 5-day Notice to Vacate — one of the shortest notice periods in the country. The tenant has 5 days to pay all rent owed or vacate the premises.
Notice Requirements:
- ✅ Must be in writing
- ✅ Must identify the premises and state the rent amount owed
- ✅ Must state the tenant has 5 days to vacate
- ✅ Must be properly served
Unlike many states, Louisiana does not provide tenants with a statutory right to cure non-payment after the notice period expires. Once the 5 days pass without payment or vacating, you may file immediately. However, accepting rent after serving notice can waive your right to proceed — avoid accepting partial payment once the eviction process has started.
5-Day Notice to Vacate (Lease Violation)
LA Civil Code Art. 2686
For lease violations, Louisiana requires a 5-day Notice to Vacate. Common violations include unauthorized occupants or pets, property damage, illegal activity, and nuisance behavior.
- 🔴 Unauthorized pets or occupants
- 🔴 Property damage beyond normal wear and tear
- 🔴 Nuisance behavior affecting other residents
- 🔴 Illegal activity on the premises
10-Day Notice to Vacate (Month-to-Month Termination)
LA Civil Code Art. 2686
To terminate a month-to-month tenancy without cause, Louisiana requires 10 days’ written notice before the end of the rental period. This is significantly shorter than most states’ 30-day requirement.
📄 Get Free 10-Day Notice FormImmediate Notice (Serious Violations)
LA Civil Code Art. 2702
For serious violations, Louisiana may allow immediate termination of the lease without a notice period:
- 🔴 Illegal drug activity on the premises
- 🔴 Criminal activity that endangers other residents
- 🔴 Intentional or gross negligence damage to the property
These situations should be handled with the guidance of a Louisiana attorney to ensure proper procedure under the civil code.
📬 How to Properly Serve Eviction Notice in Louisiana
Louisiana has specific service requirements under the Code of Civil Procedure. Improper service is a common reason for dismissal of eviction cases.
Personal Delivery (Preferred)
Hand-deliver the notice directly to the tenant. Record the date, time, and the name of the person who received it. Personal delivery is the strongest form of service in Louisiana courts.
Domiciliary Service
If the tenant is not home, leave the notice at their dwelling with a person of suitable age and discretion who resides there. Document who received it and when.
Posting and Mailing
If personal or domiciliary service is not possible, post the notice on the door and send a copy via certified mail. Document the date of posting and keep the certified mail receipt.
Keep written records of every service attempt — date, time, method, and who (if anyone) received the notice. Louisiana courts require proof of proper service before a Rule for Possession can proceed. A dismissal for improper service means starting the entire process over.
⚖️ Louisiana Rule for Possession Process
Louisiana evictions are called Rule for Possession actions and are filed in City Court or Parish Court depending on the location of the property. The process is faster and more streamlined than most states due to Louisiana’s civil law system.
Notice Period Expires
Wait until the full 5-day (or 10-day) notice period passes without the tenant paying, curing, or vacating. Do not file prematurely.
File Rule for Possession
File the Rule for Possession petition in City Court or Parish Court for the parish where the property is located. Filing fees are typically $50–$150. The court will set a hearing date — often within 3–5 days of filing.
Serve the Rule on Tenant
The court issues a summons (the “rule”) that must be served on the tenant, typically by a sheriff’s deputy or constable. The tenant is notified of the hearing date and their right to appear and contest.
Court Hearing
The hearing typically takes place 3–7 days after the rule is served. Both parties present their case. Bring all documentation — notice, proof of service, lease, and rent ledger. Louisiana judges move through eviction cases efficiently.
Judgment for Possession
If you win, the court enters a judgment for possession. The tenant is typically given 24 hours to vacate voluntarily before a Writ of Possession is issued.
Writ of Possession Issued
If the tenant does not vacate voluntarily, request a Writ of Possession. The writ authorizes the sheriff to physically remove the tenant and their belongings from the property.
Sheriff Executes Writ
The sheriff executes the Writ of Possession, removing the tenant from the premises. The landlord retakes possession of the property. The entire process from filing to execution can take as little as 1–2 weeks for uncontested cases.
Despite Louisiana’s landlord-friendly reputation, self-help evictions are illegal. Changing locks, removing the tenant’s belongings, or shutting off utilities without a court order can result in significant civil liability. Only the sheriff can execute an eviction after a court-issued Writ of Possession.
⏱️ Louisiana Eviction Timeline
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice period | 5–10 days | 5 days non-payment/violation; 10 days month-to-month |
| 📋 File Rule for Possession | 1–2 days | City or Parish Court in property’s parish |
| 📬 Serve tenant with rule | 1–3 days | By sheriff or constable |
| ⚖️ Court hearing | 3–7 days after service | Both parties present case |
| 📜 Judgment & writ | Same day or 1–2 days | 24-hour voluntary vacate period |
| 🚔 Sheriff execution | 1–3 days after writ | Sheriff removes tenant |
Total Realistic Timeline: Louisiana evictions typically take 2–3 weeks from notice to sheriff execution for uncontested cases — among the fastest in the country. Even contested cases rarely exceed 4–6 weeks. This is significantly faster than most northeastern or west coast states.
🛡️ Common Tenant Defenses in Louisiana
Even in a landlord-friendly state, understanding tenant defenses helps you avoid dismissals and build airtight cases.
Defective Notice or Improper Service
Incorrect notice period, wrong amount stated, improper service method, or missing required content. Louisiana courts enforce procedural requirements — a defective notice means starting over. Double-check the notice amount and service method before filing.
Rent Was Paid or Accepted
If the tenant paid rent in full before the notice expired, or if you accepted any rent payment after serving the notice, the eviction may be waived. Never accept partial rent payments once a notice has been served — do so only with a written agreement that explicitly reserves your right to proceed with eviction.
Breach of Lease by Landlord
Louisiana’s implied warranty of habitability requires landlords to maintain rental properties in livable condition. Failure to make necessary repairs, provide essential services, or maintain the property to code can be raised as a defense. See our guide to Louisiana habitability laws for your full maintenance obligations.
Retaliation
Louisiana prohibits retaliatory evictions. If a tenant recently made a good-faith complaint about housing conditions, reported a code violation, or exercised a legal right, and eviction follows shortly after, the court may find retaliation. Document the legitimate business reason for every eviction clearly and thoroughly.
New Orleans Local Protections
New Orleans has enacted local ordinances that provide tenants with additional protections beyond state law. If your property is in New Orleans, verify compliance with both state and local requirements. Failing to meet local New Orleans requirements can result in a dismissed case even if state procedures were followed correctly.
💰 Louisiana Security Deposit Rules
Louisiana security deposit rules are governed by Louisiana Revised Statutes § 9:3251–9:3261. Landlords who wrongfully withhold deposits face penalties of up to one month’s rent plus attorney fees.
- Maximum Amount: No statutory limit — parties may agree to any amount
- Return Timeline: 30 days after tenant vacates and returns the keys
- Itemized Statement: Required with any deductions — must be provided within the 30-day window
- Penalty for Violations: Up to one month’s rent plus reasonable attorney fees for wrongful withholding
- Interest: Not required in Louisiana
See our full guide to Louisiana security deposit laws for complete compliance requirements.
Failure to return the deposit or provide an itemized statement within 30 days can result in penalties equal to one month’s rent plus attorney fees. Conduct a thorough move-out inspection with photos and retain all repair receipts before making any deductions.
🔍 Avoid Evictions with Better Tenant Screening
Even with Louisiana’s fast 2–3 week eviction process, prevention is far less costly than litigation. Screen every applicant thoroughly before signing a lease. Results delivered in 24 hours or less.
🔗 More Louisiana Landlord-Tenant Laws
Eviction is just one part of Louisiana’s landlord-tenant framework. Explore the full set of rules that apply to your Louisiana rental properties:
Louisiana Habitability Laws
Landlord repair & maintenance duties
Security Deposit Laws
No cap & 30-day return rule
Louisiana Late Fee Laws
Grace periods & allowable fee limits
Landlord Entry Laws
Notice requirements before entering
Rent Increase Laws
Notice requirements & restrictions
Lease Termination Laws
How to properly end a LA tenancy
Breaking Lease Laws
Early termination & tenant rights
Tenant Screening Laws
Background check & application rules
Pet & ESA Laws
Assistance animal rules in Louisiana
Background Check Rules
FCRA consent & adverse action
❓ Louisiana Eviction FAQ
📚 Related Louisiana Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about Louisiana eviction laws and is not legal advice. Louisiana operates under a civil law system governed by the Louisiana Code of Civil Procedure and Louisiana Civil Code, which may be amended by the Louisiana Legislature. New Orleans and other municipalities may have additional local requirements. This guide reflects requirements as of . Always consult a qualified Louisiana attorney before proceeding with an eviction.
