Louisiana 5-Day Eviction Notice Overview
Louisiana's landlord-tenant law is unique in the United States because it derives from the Napoleonic civil law tradition rather than English common law. Eviction proceedings are governed by the Louisiana Code of Civil Procedure, Articles 4701 through 4735. The state uses a5-day notice periodfor non-payment of rent, making it one of the faster eviction timelines nationally. The eviction action itself is called a "rule for possession" or "rule to vacate," not an "unlawful detainer" as in common-law states.
Louisiana has 64 parishes (equivalent to counties in other states), each with its own court system. Orleans Parish (New Orleans) processes the highest volume of eviction filings through First and Second City Court. East Baton Rouge Parish, Jefferson Parish, and Caddo Parish (Shreveport) also have significant caseloads. The Louisiana Supreme Court has repeatedly emphasized that landlords must strictly comply with notice requirements because eviction is a summary proceeding with truncated procedural protections.
5 days
Notice period
$100 - $200
Court filing fee
City
Court type
3-6 Wks
Total process
La. C.C.P. Art. 4701 & Civil Law Eviction Process
Louisiana Uses a 5-Day Notice
Louisiana uses a 5-day notice period under La. C.C.P. Art. 4701. This is a legitimate 5-day notice jurisdiction, unlike many states where a different notice period applies.
Article 4701 of the Louisiana Code of Civil Procedure establishes the framework for eviction actions. Under Louisiana's civil law system, a lease creates both personal obligations and real rights. When rent is unpaid, the landlord must provide the tenant with a written demand for payment, giving at least 5 days to pay. If the tenant fails to pay, the landlord files a rule for possession with the appropriate court.
Louisiana's notice requirements differ from common-law states in several ways. The "notice to vacate" is technically a "putting in default" under civil law (La. C.C. Art. 1991). For lease violations other than non-payment, Louisiana generally requires reasonable notice, and month-to-month tenancies can be terminated with notice equal to the rental period (typically 10 days for month-to-month under La. C.C. Art. 2728).
Louisiana Notice Periods at a Glance
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-Payment of Rent | 5 days | La. C.C.P. Art. 4701 |
| Lease Violation | 5 days (varies) | La. C.C. Art. 2719 |
| Month-to-Month Termination | 10 days | La. C.C. Art. 2728 |
| Holdover Tenant | 5 days | La. C.C.P. Art. 4702 |
Louisiana Legal Requirements for 5-Day Notices
For a 5-day notice to be upheld in Louisiana City/Parish Court, the notice must contain all elements required by state law. Judges will dismiss cases where the notice is deficient.
Required Notice Contents
- Tenant Names: Full legal names of all tenants on the lease
- Property Address: Complete address including unit number, city, and parish
- Amount Due / Violation: Specific dollar amount of rent owed or description of the lease violation
- 5-Day Demand: Clear statement giving 5 days to pay or cure the violation
- Consequences: Warning that failure to comply will result in court action in City/Parish Court
- Landlord Information: Name, address, and contact details of the landlord or agent
- Date of Service: The date the notice is delivered, starting the 5-day clock
How to Serve a 5-Day Notice in Louisiana
Proper service is essential under Louisiana law. City/Parish Court judges dismiss cases where the landlord cannot prove proper service of the notice.
Personal Hand-Delivery (Preferred)
Deliver directly to the tenant. Bring a witness or use a process server for documentation.
Leave with Competent Adult
If the tenant is unavailable, leave with an adult (18+) at the property. Record the name and date.
Post and Mail
Affix to the main door and mail a copy via certified or first-class mail. Last resort when personal delivery fails.
Prepare Proof of Service
Complete an affidavit of service recording date, time, method, and witnesses. Required for court filing.
File After 5 Days Expire
Once 5 days pass without cure, file an eviction complaint at the City/Parish Court where the property is located.
Louisiana Eviction Timeline
Louisiana's eviction process moves relatively quickly once the rule for possession is filed. The court must set a hearing within 2 to 7 days in most parishes. Orleans Parish courts (New Orleans) may take slightly longer due to volume.
At the hearing, the judge reviews the lease, the notice, proof of service, and payment records. If the landlord prevails, the court issues a judgment of eviction. The tenant has 24 hours (in many parishes) to appeal. Louisiana's appeal process for evictions is expedited.
If no appeal is filed, the landlord obtains a writ of possession, and the constable or marshal executes the eviction. Self-help evictions are prohibited under Louisiana law. The total process from notice to enforcement typically takes 3 to 6 weeks for uncontested cases.
Louisiana Eviction Filing Fees & Costs
Below are the typical costs for an eviction in Louisiana. Fees vary by parish.
| Fee / Cost | Typical Amount |
|---|---|
| City/Parish Court Filing Fee | $100 - $200 |
| Constable/Marshal Service | $25 - $60 |
| Writ of Possession | $50 - $100 |
| Attorney Fees (Uncontested) | $500 - $1,500 |
| Appeal Bond (if tenant appeals) | Varies by parish |
Sample Louisiana 5-Day Eviction Notice
Below is a preview of the Louisiana-specific notice referencing La. C.C.P. Art. 4701.
FIVE-DAY NOTICE
STATE OF LOUISIANA
Pursuant to La. C.C.P. Art. 4701
TO TENANT(S):
Name(s): [All Tenant Names]
Property: [Full Louisiana Address]
Parish: [Orleans / Jefferson / East Baton Rouge / etc.]
DEMAND:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to La. C.C.P. Art. 4701, you have FIVE (5) DAYS from service to pay the total amount due or vacate the premises.
LOUISIANA COMPLIANCE
This notice complies with Louisiana law under La. C.C.P. Art. 4701. The 5-day period is the statutory requirement.