Louisiana Eviction Notice Overview
Louisiana is unique among all US states because it operates under a civil law system derived from French and Spanish legal traditions, rather than the English common law system used by the other 49 states. This fundamental difference affects every aspect of the eviction process, from terminology to procedure. Louisiana uses a 5-day notice to vacate under La. C.C.P. Art. 4701 for all eviction grounds.
There is no statutory 10-day eviction notice in Louisiana. The 5-day notice applies to non-payment of rent, lease violations, lease expiration, and other grounds for eviction. Louisiana's 64 parishes (not counties) each have their own court system. Evictions are filed in City Court for incorporated areas or Justice of the Peace Court for unincorporated areas. Orleans Parish (New Orleans), Jefferson Parish, and East Baton Rouge Parish handle the highest volumes.
5 Days
All eviction grounds
Civil Law
Only civil law state
$50-$150
Filing fee
2-3 Wks
Uncontested timeline
Louisiana's Civil Law System
Louisiana Is a Civil Law State with Unique Rules
Louisiana is the only US state with a civil law system. Eviction law is governed by the Louisiana Civil Code and Code of Civil Procedure, not a "Landlord-Tenant Act" like other states. The 5-day notice to vacate (not "quit") is the standard requirement. There is no 10-day notice in Louisiana law. Leases are governed by Louisiana Civil Code Articles 2668-2729.
Key differences from common law states include: Louisiana uses "lessor" and "lessee" (not landlord and tenant), leases are governed by the Louisiana Civil Code rather than a URLTA-style act, Louisiana uses parishes rather than counties, eviction hearings are called "rules to show cause," and Louisiana's legal system places more emphasis on codified law than judicial precedent. These differences mean that eviction forms and procedures from other states cannot be used in Louisiana.
Louisiana's 5-Day Notice to Vacate
| Situation | Notice Period | Authority |
|---|---|---|
| Non-payment of rent | 5 days to vacate | La. C.C.P. Art. 4701 |
| Lease violations | 5 days to vacate | La. C.C.P. Art. 4701 |
| Lease expiration | 5 days to vacate | La. C.C.P. Art. 4701 |
| Holdover tenancy | 5 days to vacate | La. C.C.P. Art. 4701 |
| Month-to-month termination | 10 calendar days before end of month | La. C.C. Art. 2728 |
La. C.C.P. Art. 4701 Requirements
Louisiana's notice requirements are straightforward but must follow specific procedures.
- Written Notice: Must be in writing. Louisiana requires the notice to clearly demand that the lessee vacate
- 5-Day Period: The lessee must be given 5 calendar days to vacate the premises
- Reason Stated: Specify the ground for eviction (non-payment, violation, lease expiration)
- Service: Personal service, certified mail, or domiciliary service (leaving at the dwelling)
- Property Address: Complete address of the leased premises including parish
- Lessor Information: Name and contact information of the lessor (landlord) or agent
How to Serve a Notice in Louisiana
Louisiana allows several methods for serving the 5-day notice to vacate.
Personal Service
Hand-deliver to the lessee. Use a witness or process server. This is the strongest method in Louisiana courts
Certified Mail
Send via certified mail with return receipt requested. Retain the green card as proof
Domiciliary Service
Leave at the dwelling with a person of suitable age. This is Louisiana's term for substitute service
Wait 5 Days
Allow the full 5-day period to expire. Do not file the eviction suit before the 5 days are up
File Eviction Suit
File in City Court or Justice of the Peace Court for the parish. The court schedules a "rule to show cause" hearing within 3-7 days
Louisiana Court Process
Louisiana's eviction court process is among the fastest in the country. After the 5-day notice expires and the eviction suit is filed, the court schedules a "rule to show cause" hearing, typically within 3 to 7 days. At the hearing, the judge considers whether the landlord has proven grounds for eviction.
If the court rules for the landlord, a judgment of eviction is rendered. The tenant has 24 hours to vacate (Louisiana law does not require a longer stay period for residential cases). If the tenant does not leave, the sheriff executes the eviction, typically within 1 to 3 days.
Total uncontested timeline: 2 to 3 weeks. In Orleans Parish (New Orleans), contested cases may take 3 to 6 weeks depending on court scheduling. Louisiana's fast timeline makes it one of the quickest states for eviction completion.
Louisiana Filing Fees & Costs
| Fee / Cost | Amount |
|---|---|
| Eviction Filing (City Court) | $75 - $150 |
| Eviction Filing (JP Court) | $50 - $85 |
| Service of Process (Sheriff / Constable) | $25 - $60 |
| Sheriff Eviction Enforcement | $75 - $200 |
| Attorney Fees (if hired) | $400 - $1,500 |
Sample Louisiana Notice to Vacate
Below is a preview of a Louisiana 5-day notice to vacate. Louisiana uses "lessor" and "lessee" terminology consistent with the Civil Code.
FIVE-DAY NOTICE TO VACATE
STATE OF LOUISIANA
Pursuant to La. C.C.P. Art. 4701
TO LESSEE(S):
Name: [Full Legal Name]
Premises: [Louisiana Property Address]
Parish: [Parish]
DEMAND:
You are hereby notified to vacate the above-described premises within FIVE (5) DAYS due to: [non-payment / violation / expiration].
NOTICE
If you fail to vacate within 5 days, an eviction suit will be filed in the [Court Name] for [Parish] Parish, Louisiana.