Louisiana eviction notice and late fee rules

Notice for unpaid rent

5 days — When a lessee's right of occupancy has ceased (including for nonpayment of rent), the lessor must deliver a written notice to vacate allowing not less than five days from delivery to vacate.

Ending a month-to-month tenancy

Notice of termination of a month-to-month lease must be given ten calendar days before the end of the month; for a lease measured by a period of at least a week but less than a month, five calendar days before the end of the period.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

When a lessee's right of occupancy has ceased (including for nonpayment of rent), the lessor must deliver a written notice to vacate allowing not less than five days from delivery to vacate.

“When a lessee's right of occupancy has ceased because of the termination of the lease by expiration of its term, action by the lessor, nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall cause written notice to vacate the premises to be delivered to the lessee. The notice shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises.”
La. Code Civ. Proc. art. 4701

Ending a month-to-month or other periodic tenancy

Notice of termination of a month-to-month lease must be given ten calendar days before the end of the month; for a lease measured by a period of at least a week but less than a month, five calendar days before the end of the period.

“(2) In a month-to-month lease, ten calendar days before the end of that month; (3) In a lease whose term is measured by a period equal to or longer than a week but shorter than a month, five calendar days before the end of that period; and”
La. Civ. Code art. 2728(2)-(3)

Lockouts and utility shutoffs

After the required notice, the lessor may take possession without further judicial process only upon a reasonable belief that the lessee has abandoned the premises.

“After the required notice has been given, the lessor or owner, or agent thereof, may lawfully take possession of the premises without further judicial process, upon a reasonable belief that the lessee or occupant has abandoned the premises.”
La. Code Civ. Proc. art. 4731(B)

What the notice must say and how it is delivered

A lessee may waive the notice to vacate by a written waiver in the lease, in which case the lessor may immediately file eviction proceedings once the right of occupancy ends.

“A lessee may waive the notice requirements of this Article by written waiver contained in the lease, in which case, upon termination of the lessee's right of occupancy for any reason, the lessor or his agent may immediately institute eviction proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil Procedure.”
La. Code Civ. Proc. art. 4701

If the premises are abandoned or closed, or the lessee's whereabouts are unknown, notices and process may be attached to a door of the premises with the same effect as personal delivery.

“If the premises are abandoned or closed, or if the whereabouts of the lessee or occupant is unknown, all notices, process, pleadings, and orders required to be delivered or served on the lessee or occupant under this Title may be attached to a door of the premises, and this shall have the same effect as delivery to, or personal service on, the lessee or occupant.”
La. Code Civ. Proc. art. 4703

Court deadlines and the eviction case

The court must make the rule to show cause returnable not earlier than the third day after service, and tries the rule and hears any defense at that time.

“The court shall make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made.”
La. Code Civ. Proc. art. 4732(A)

If the lessee fails to answer or appear at trial, the court renders a judgment of eviction immediately.

“If the court finds the lessor or owner entitled to the relief sought, or if the lessee or occupant fails to answer or to appear at the trial, the court shall render immediately a judgment of eviction ordering the lessee or occupant to deliver possession of the premises to the lessor or owner.”
La. Code Civ. Proc. art. 4732(B)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Louisiana rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Louisiana have to give for unpaid rent?

When a lessee's right of occupancy has ceased (including for nonpayment of rent), the lessor must deliver a written notice to vacate allowing not less than five days from delivery to vacate. (La. Code Civ. Proc. art. 4701).

How much notice is needed to end a month-to-month tenancy in Louisiana?

Notice of termination of a month-to-month lease must be given ten calendar days before the end of the month; for a lease measured by a period of at least a week but less than a month, five calendar days before the end of the period. (La. Civ. Code art. 2728(2)-(3)).