Louisiana Eviction Notice Laws: What Landlords Must Do First
Louisiana uses civil-law procedure: a five-day notice to vacate – which many leases waive – then a rule for possession in court. Here is how the eviction process works in 2026.
An eviction in Louisiana uses civil-law procedure. Before filing, a landlord gives a written notice to vacate of at least five days – though many leases waive even that – and then brings a rule for possession in court. Only a judge can order an eviction and only an officer may carry it out; a landlord cannot force a tenant out directly.
This guide covers the Louisiana notice for nonpayment, the notice for a lease violation, ending a tenancy without cause, how to serve a notice correctly, and the court process that follows. If you are filling a unit after a tenancy ends, our overview of how to screen tenants step by step pairs well with the rules below.
Video: a plain-language walkthrough of Louisiana eviction notice rules – the notice types, the time each gives, and the court process that follows.
Key Takeaways: Louisiana Eviction Notice Laws
- The notice to vacate is at least five days under Louisiana Code of Civil Procedure Article 4701, and those days exclude weekends and legal holidays.
- One five-day notice covers both nonpayment and a lease violation; Louisiana has no separate longer notice and no statutory cure period.
- Many Louisiana leases waive the notice to vacate, which lets the landlord file the rule for possession immediately once the right to occupy ends.
- Eviction is a rule for possession heard in a justice of the peace, city, or district court – only a judge can order it and only an officer may carry it out.
Eviction Starts With a Notice in Louisiana
In Louisiana, a landlord cannot remove a tenant by changing the locks, shutting off utilities, or any other self-help measure. An eviction begins with a written notice and, if the tenant does not comply, proceeds through a court process. The notice is not a formality – it is a legal prerequisite, and a defective notice can sink the whole case.
The type of notice and how long it gives the tenant depend on the reason for the eviction. This guide covers the notice for nonpayment, the notice for a lease violation, ending a tenancy without cause, and how to serve the notice so it holds up. Our overview of how to screen tenants step by step is the front-end companion – good screening is what reduces evictions in the first place.
Notice for Nonpayment of Rent in Louisiana
Louisiana’s eviction process runs on a notice to vacate. Before filing, the landlord must give the tenant a written notice to vacate that allows at least five days from delivery, under Louisiana Code of Civil Procedure Article 4701. Those five days exclude weekends and legal holidays, so the notice usually spans about a week on the calendar.
Two Louisiana wrinkles matter. The same five-day notice to vacate applies whether the ground is nonpayment or another reason – there is no separate, longer notice for nonpayment and no statutory cure period. And the lease can waive the notice: Article 4701 allows a written waiver, which most Louisiana form leases include, letting the landlord file the eviction immediately once the tenant’s right of occupancy ends.
Notice for a Lease Violation in Louisiana
For a lease violation, Louisiana again uses the five-day notice to vacate rather than a cure notice. The lease itself ends either by the expiration of its term or by judicial dissolution for cause – nonpayment under Louisiana Civil Code Article 2704, or another breach under Article 2719 – and once the tenant’s right to occupy has ended, the landlord serves the notice to vacate before filing.
Because there is no statutory right to cure, the notice to vacate is a demand to leave, not a chance to fix the breach. The same waiver rule applies, so a lease that waives notice lets the landlord proceed straight to the court filing. Our look at Louisiana security deposit laws covers how the deposit is applied if the tenancy ends.
Ending a Tenancy Without Cause in Louisiana
Not every eviction is for fault. To end a month-to-month tenancy in Louisiana for no cause, a landlord generally gives a written termination notice – commonly thirty days – stating the date the tenancy ends, after which the tenant must leave. A fixed-term lease ends on its own date, though some tenancies require a notice that the lease will not renew.
A no-cause termination still cannot be used as a cover for retaliation or discrimination. If the timing follows a tenant’s complaint or tracks a protected characteristic, a no-cause notice can be challenged as a pretext, so the same even-handed discipline applies as to a for-cause eviction. Our look at Louisiana rent increase laws explains how that anti-retaliation principle also limits the timing of a rent increase.
Serving the Notice Correctly in Louisiana
A notice is only as good as its service. Louisiana sets out how a notice must be delivered – typically personal delivery, leaving it with a suitable person, or posting and mailing – and the method affects when the clock starts. Using the wrong method, or miscounting the days, is one of the most common reasons an eviction is dismissed and has to start over.
Keep the notice specific: state the reason, the amount owed if it is nonpayment, the deadline, and the date and method of service. A dated copy and proof of how it was served are what show the notice period ran correctly if the case reaches court.
After the Notice: the Court Process in Louisiana
If the tenant does not comply with the notice, the landlord’s next step is a court eviction action – not self-help. Louisiana requires the landlord to file the case, serve the tenant with the court papers, and obtain a judgment before a sheriff or marshal can carry out a removal. Only a court officer may physically evict; a landlord who removes a tenant or their belongings directly is liable for damages.
The notice period and a valid notice are prerequisites to that filing, which is why the earlier steps matter so much. A clean notice, correctly served, is what lets the court process move forward without a restart.
Eviction, Retaliation, and Fair Housing in Louisiana
An eviction is governed by anti-retaliation and fair housing law as much as by the notice rules. A Louisiana landlord may not evict to punish a tenant for a habitability complaint, a code report, or organizing, and may not apply a harsher eviction standard to a tenant because of race, color, religion, sex, national origin, familial status, or disability. A retaliatory or discriminatory eviction is a defense the tenant can raise and a liability for the landlord.
The safeguard is a consistent, documented basis for every eviction, applied the same way to comparable tenants. For the federal baseline on protected characteristics, see our Fair Housing Act guide for landlords.
Screening to Avoid Evictions
The cheapest eviction is the one you never have to file. A tenant screened for payment history, prior evictions, and income is far less likely to end up in a nonpayment or for-cause notice, which makes thorough screening the best front-end protection against the eviction process.
Screen every applicant to the same standard: get written consent, pull a consumer report for a permissible purpose under the federal Fair Credit Reporting Act, and send an adverse action notice if the report drives a denial. Our Louisiana tenant screening laws page and the broader tenant screening laws by state guide cover the screening half of the picture, whether you rent in Louisiana or anywhere else.
A Compliant Louisiana Notice Process
Turn the rules into one repeatable sequence. First, identify the ground – nonpayment, a curable lease violation, a serious irreparable breach, or no cause – because it sets the notice and the time. Second, wait out any grace period and prepare a notice that states the reason, the amount or conduct, and the deadline. Third, serve it by an approved method and record the date and manner. Fourth, give the tenant the full notice period to comply or cure. Fifth, if the tenant does not, file the court action rather than acting on your own.
Handled this way, an eviction notice in Louisiana is routine. The same discipline that keeps screening defensible – objective standards, applied uniformly, documented – keeps an eviction defensible too, and it is the correct notice, properly served, that decides whether the case proceeds or restarts.
Common Mistakes That Create Liability
The recurring Louisiana errors are using the wrong notice for the ground, miscounting the notice period, serving the notice improperly, resorting to self-help instead of the court process, and evicting in a way that looks retaliatory or discriminatory. Almost every one turns on the notice and the process, which is where Louisiana law gives a tenant a defense and a defective eviction falls apart.
The notice is the case. In Louisiana, the right notice for the ground, served correctly for the full period, is what lets an eviction proceed. Never use self-help – only a court order and a court officer can remove a tenant – and keep the timing clear of any retaliation.
Documentation and Recordkeeping in Louisiana
Because Louisiana ties an eviction to a valid notice and a court process, your records are what prove the case. Keep a dated copy of the notice, proof of how and when it was served, the ledger showing any rent owed, and the documentation of the lease violation or other ground. That file is what the court relies on, and a gap in it is what gets a case dismissed.
Keep the communication history too – repair requests, complaints, and your responses – so you can show the eviction was for a legitimate ground and not retaliation. If a tenant raises a retaliatory or discriminatory defense, that record of a consistent, documented basis is your strongest rebuttal.
Set one eviction-notice process and apply it to every tenant. A consistent record of grounds, notices, and service gives you the evidence to proceed in court and to answer a fair housing inquiry. Our guide to verifying tenant income rounds out the financial side of managing a tenancy in Louisiana.
Do
- ✓Match the notice type to the ground – nonpayment, lease violation, serious breach, or no cause.
- ✓Wait out any required grace period before serving a notice.
- ✓State the reason, the amount or conduct, and the deadline clearly in the notice.
- ✓Serve the notice by an approved method and record the date and manner.
- ✓Use the court process for removal – never self-help.
Avoid
- ✕Use the wrong notice or miscount the notice period.
- ✕Change the locks, remove belongings, or shut off utilities to force a tenant out.
- ✕Serve a vague notice that omits the reason or the deadline.
- ✕Evict in retaliation for a complaint or repair request.
- ✕Skip the court action and try to remove the tenant yourself.
Louisiana Eviction Notice Laws: FAQ
How much notice does a Louisiana landlord give before eviction?
A written notice to vacate allowing at least five days from delivery, under Louisiana Code of Civil Procedure Article 4701. The five days exclude weekends and legal holidays, so it usually runs about a week.
Does the five-day notice apply to nonpayment in Louisiana?
Yes. Louisiana uses the same five-day notice to vacate for nonpayment and for other grounds; there is no separate, longer notice for unpaid rent and no statutory period to cure.
Can a Louisiana lease waive the notice to vacate?
Yes. Article 4701 allows a written waiver of the notice in the lease, and most Louisiana form leases include one, letting the landlord file the eviction immediately once the tenant’s right of occupancy ends.
How much notice ends a month-to-month lease in Louisiana?
Louisiana is shorter than the common thirty-day norm: a month-to-month lease ends on ten calendar days’ written notice before the end of the month, under Louisiana Civil Code Article 2728.
What is a rule for possession in Louisiana?
It is the eviction lawsuit – a rule to show cause why the tenant should not be ordered to give up possession – heard in a justice of the peace, city, or district court under Louisiana Code of Civil Procedure Articles 4731 and following.
Can a Louisiana landlord evict without going to court?
No. Only a court can order an eviction and only a sheriff, constable, or marshal may remove the tenant. A landlord who locks a tenant out or shuts off utilities breaches the duty to protect the tenant’s peaceful possession under Louisiana Civil Code Article 2682 and can be liable for damages.
How quickly does a Louisiana eviction move after the notice?
Once the notice period passes or is waived, the landlord files the rule for possession; the court sets a hearing not earlier than the third day after service, and a tenant who does not comply with a judgment of eviction within twenty-four hours faces a warrant of possession.
Is there a grace period for late rent in Louisiana?
Not by statute. Rent is due as the lease states, and any grace period exists only if the lease provides one; otherwise rent is late the day after it is due.
Can a Louisiana landlord evict without going to court?
No. A Louisiana landlord must serve a proper notice and, if the tenant does not comply, obtain a court judgment. Self-help – changing locks, removing belongings, or shutting off utilities – is illegal and exposes the landlord to damages.
What happens if a Louisiana eviction notice is defective?
A defective notice – the wrong type, a miscounted period, or improper service – can get the eviction dismissed, forcing the landlord to start over with a correct notice. The notice is a legal prerequisite, not a formality.
Related Louisiana Eviction and Rental Guides
- Eviction notice laws by state – compare Louisiana to the rest of the country.
- Louisiana security deposit laws – limits, deductions, and the return deadline.
- Louisiana rent increase laws – notice periods and the limits on raising rent.
- Louisiana late fee laws – what you can charge for late rent.
- Louisiana habitability laws – the repairs a landlord must make.
- Tenant screening laws by state – screen the tenant before they move in.
- Louisiana tenant screening laws – what you can check before renting.
Avoid Evictions With Better Louisiana Screening
The best eviction is the one you never file. Order FCRA-ready credit, criminal, and eviction reports and rent to reliable tenants in Louisiana.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.
Legal Disclaimer
This article is for general informational purposes only and is not legal advice. Louisiana and federal laws change, and how they apply depends on your specific facts. Before acting on any screening, fee, deposit, or fair housing question, consult a licensed attorney in Louisiana. Reading this page does not create an attorney-client relationship.
