Louisiana Non-Payment of Rent Notice Overview
Louisiana requires a 5-day notice to vacate for non-payment of rent before a landlord can file a rule for possession. Louisiana's unique civil law system means that its landlord-tenant procedures differ substantially from those in common law states. The notice must comply with the Louisiana Code of Civil Procedure (Art. 4701 et seq.) and the Civil Code's lease provisions.
Eviction cases in Louisiana are filed in City Court, Parish Court, or Justice of the Peace Court depending on the parish and property location. In New Orleans (Orleans Parish), cases are filed in First City Court. The 'rule to show cause' procedure gives the tenant an opportunity to appear and explain why they should not be evicted, and the court makes its determination at that hearing. Rural parishes typically process cases faster than urban parishes.
5 Days
Notice period
$100
Avg. filing fee
Yes
Right to cure
2-4 wks
Court process
Louisiana's 5-Day Notice Requirement
Under La. C.C.P. Art. 4701, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 5 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Louisiana's eviction process is based on the Civil Code and Code of Civil Procedure, reflecting the state's unique civil law (Napoleonic Code) heritage. Louisiana requires a 5-day notice to vacate for non-payment. The state uses a 'rule to show cause' procedure rather than the 'summons and complaint' process used in common law states.
Louisiana’s Civil Law System: Different from Common Law
Louisiana is the only U.S. state based on the civil law (Napoleonic Code) tradition rather than English common law. Lease agreements are governed by the Civil Code (La. C.C. Art. 2668-2729), eviction procedures follow the Code of Civil Procedure, and the 'rule to show cause' procedure differs from the 'summons and complaint' process in other states. Landlords should use Louisiana-specific forms and terminology—out-of-state templates are often insufficient.
Louisiana Legal Requirements (La. C.C.P. Art. 4701)
For the notice to be valid under Louisiana law, it must meet specific requirements established by statute and interpreted by Louisiana courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Louisiana law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 5 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Louisiana Grace Period & Late Fee Rules
No statutory grace period. Louisiana Civil Code provisions control. Understanding Louisiana's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable. Louisiana courts apply general contract law. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Louisiana law.
Louisiana Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. Acceptance may waive eviction.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Louisiana
Louisiana law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Louisiana courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Louisiana courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Louisiana City Court or Justice of the Peace. Include the original notice and proof of service with your filing.
Louisiana Non-Payment Eviction Timeline
The Louisiana eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 5-Day Notice to Vacate | Day 1 |
| Notice period expires | Day 6 |
| File rule for possession in City Court | Day 6-8 |
| Rule to show cause served on tenant | Day 8-12 |
| Court hearing (show cause date) | Day 12-22 |
| Judgment for eviction | Day 12-22 |
| Writ of possession executed by constable/sheriff | Day 17-30 |
Total estimated time: 2-4 weeks for uncontested cases. Orleans Parish (New Orleans) has higher court volume and may take longer. Rural parishes process faster.
Louisiana Eviction Filing Fees & Costs
Filing fees for eviction actions in Louisiana vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| City Court or Justice of the Peace Filing Fee | $75 - $200 |
| Service of Process | $25 - $75 |
| Writ of Possession/Restitution | $30 - $100 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Appeal (if needed) | $150 - $300 |
Sample Louisiana 5-Day Non-Payment Notice
Below is a preview of our Louisiana-specific non-payment notice. The final document includes all statutory language required under La. C.C.P. Art. 4701 and is formatted for Louisiana court proceedings.
FIVE (5) DAY NOTICE TO VACATE FOR NON-PAYMENT
STATE OF LOUISIANA
Pursuant to La. C.C.P. Art. 4701 et seq.
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Louisiana Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
LOUISIANA STATUTORY NOTICE:
You are in default of your lease for failure to pay rent in the amount stated above. You have FIVE (5) DAYS from service to pay the full amount or vacate the premises. If you fail to comply, the landlord will file a Rule for Possession in the appropriate Louisiana court to recover the premises, unpaid rent, and all costs permitted by law and the lease agreement.