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Louisiana Eviction Notice
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Louisiana at a glance: 5-Day Notice to Vacate: Common notice period for nonpayment · Court Process: Rule for possession · Month-to-Month Notice: 10 days (day-to-day, week-to-week vary)
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Overview
Eviction Notices in Louisiana
Louisiana's eviction process, rooted in its civil law tradition, is governed by the Louisiana Code of Civil Procedure. For nonpayment of rent, landlords must serve a notice to vacate — commonly 5 days — before filing a rule for possession.
Louisiana's process differs procedurally from common-law states, using a "rule for possession" rather than an unlawful detainer lawsuit. Self-help evictions are prohibited.
Key Facts
Louisiana Eviction Notice — Quick Reference
| Requirement | Louisiana Rule |
|---|---|
| 5-Day Notice to Vacate | Common notice period for nonpayment |
| Court Process | Rule for possession |
| Month-to-Month Notice | 10 days (day-to-day, week-to-week vary) |
| Governing Law | La. Code Civ. Proc. art. 4701 |
| Notice Delivery | Personal service or domiciliary service |
Legal Requirements
Louisiana Legal Requirements
- A notice to vacate, commonly 5 days, is required before filing a rule for possession for nonpayment of rent.
- Notice must state the reason and the deadline to vacate.
- Landlord files a rule for possession in the parish court where the property is located.
- Self-help evictions are prohibited — a court order is required.
Governing Laws
Louisiana Governing Laws
La. Code Civ. Proc. art. 4701
Notice to Vacate
Requires a written notice to vacate before a landlord may file a rule for possession in Louisiana.
La. Rev. Stat. § 9:3259
Prohibited Practices
Prohibits self-help evictions, including lockouts and utility shutoffs, without a court order.
Read the full text of these laws at Cornell Law School's Louisiana legal resources or your state legislature's official website.
Questions & Answers
Louisiana Eviction Notice — Frequently Asked Questions
How many days notice is required for nonpayment of rent in Louisiana?
Louisiana landlords commonly provide a 5-day notice to vacate before filing a rule for possession, though the lease may specify a different period.
What is Louisiana's eviction process called?
Louisiana uses a "rule for possession," a distinct civil law procedure, rather than the unlawful detainer lawsuits used in common-law states.
Can a Louisiana landlord remove a tenant's belongings without a court order?
No. Self-help evictions are illegal in Louisiana. A landlord must obtain a judgment through a rule for possession.