Louisiana Eviction Notice Requirements

Louisiana evictions start with a written notice to vacate under Code of Civil Procedure article 4701. When a tenant's right to occupy ends for any reason, including unpaid rent or a lease violation, the landlord must give the tenant at least five days from delivery to leave, unless the tenant waived this notice in a written lease. Many leases include such a waiver. To end a month-to-month lease, Civil Code article 2728 requires notice at least 10 calendar days before the end of the month.

Under Code of Civil Procedure article 5059, legal holidays are left out when counting a period of less than seven days, like the five-day notice, which can push the deadline past five calendar days, so allow extra time. The notice should be in writing, identify the tenant and the property, and give the date to vacate. If the home is closed or the tenant can't be found, notices may be attached to a door. Keep a copy and a record of how it was delivered.

If the tenant stays after the notice period, the landlord files a rule to show cause in court, and the hearing can be set as early as the third day after service. Unless the tenant has abandoned the home, the landlord needs a judgment of eviction to regain possession and should not change the locks, remove belongings or cut off utilities. If the tenant doesn't leave within 24 hours of the judgment, the court issues a warrant for the sheriff, constable or marshal to deliver possession.