How Many Days Notice to Evict in Louisiana? The Official Rules for 2025
As a landlord in Louisiana, one of the most critical questions you’ll face is about the eviction notice period. The question often arises: Louisiana Eviction Notice: 5 10 or 0 Days? Getting this detail wrong can lead to costly delays or even cause a judge to dismiss your case, forcing you to start the entire process over.
As of Sunday, September 28, 2025, it’s crucial to understand that Louisiana doesn’t have a single, one-size-fits-all answer. The correct number of days depends entirely on your lease agreement and the reason for the eviction. This guide will break down the official rules for the most common notice periods, including the debate over Louisiana Eviction Notice: 5 10 or 0 Days, to ensure you handle this first step correctly.
The 5-Day Notice to Vacate (The Workhorse of Louisiana Evictions) 🖐️
The 5-Day Notice to Vacate is the most common eviction notice in Louisiana. A landlord must provide this notice when a tenant has breached the terms of the lease. When landlords wonder about the appropriate notice, the question of Louisiana Eviction Notice: 5 10 or 0 Days is central to their concerns.
This notice applies to situations such as:
- Failure to pay rent on time.
- Violating other lease terms (e.g., unauthorized pets, causing property damage).
The notice formally demands that the tenant leave the premises within five business days (not including weekends and legal holidays). It must be delivered properly, either by handing it to the tenant personally or, if they cannot be found, by “tacking” it—securely posting it on the door of the residence.
The Crucial Exception: “Waiver of Notice” (0 Days Notice) 📄
This is the most important section for any Louisiana landlord to understand. Many standard Louisiana residential leases contain a clause known as a “waiver of notice.”
If your lease includes this language, you are not required to give the 5-Day Notice to Vacate before filing for eviction. This means if a tenant fails to pay rent on the day it is due, you can go directly to the courthouse and file a Rule for Possession (eviction lawsuit) immediately. This clause significantly speeds up the eviction timeline.
Action Step: Always read your lease agreement carefully. The presence of a waiver of notice clause is the single biggest factor determining your first step.
The 10-Day Notice to Terminate (For Month-to-Month Leases) 🗓️
What if there is no lease violation, but you simply want to end a month-to-month tenancy? For leases that operate on a monthly basis without a fixed end date (often called a “tenancy at will”), you must provide a 10-Day Notice of Termination. Again, this feeds into the overall question of Louisiana Eviction Notice: 5 10 or 0 Days?
This notice must be delivered at least ten days before the end of the current rental month. It is not for a “fault” eviction; it simply informs the tenant that the month-to-month agreement will not be renewed.
What Happens After the Notice Period?
If you provide a notice to vacate and the tenant still doesn’t leave after the required period, your next step is to file an eviction lawsuit with your local City Court or Justice of the Peace. This official court document, called a Rule for Possession, must then be legally delivered to the tenant.
This formal delivery of court papers is known as service of process, and it must be handled by someone authorized to do so, such as a professional process server.
Your Partner for Proper Legal Notice
Following the correct legal procedure is the key to a swift and successful eviction. The first step, the notice, is just as important as the last.
Whether you need a 5-Day Notice properly delivered to start the process, or a formal Rule for Possession served after filing with the court, trust the experts at Lafayette Process Servers LLC. We handle all legal document delivery with the speed, professionalism, and legal compliance your case requires.
Contact us today to ensure your legal notices are handled correctly from start to finish.
⚠️ Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Landlord-tenant law can be complex. You should always consult your lease agreement and speak with a qualified Louisiana attorney regarding your specific situation.
📚 Sources & Further Reading
- Louisiana Code of Civil Procedure, Art. 4701: The state law outlining the requirement for the 5-Day Notice to Vacate. Link to Louisiana Legislature
- Sample Louisiana 5-Day Notice to Vacate Form: A downloadable PDF example of the Notice to Quit form. Link to Sample PDF Form
- Louisiana State Bar Association (LSBA) Eviction Guide: A helpful overview of the eviction process from the LSBA. Link to LSBA PDF Document
- LouisianaLawHelp.org: A non-profit resource providing information on the eviction process for both landlords and tenants. Link to LouisianaLawHelp.org
- Lafayette Process Servers LLC: Your expert for service of all legal documents in Louisiana. Link to Lafayette Process Servers LLC
- https://lafayette-process-servers.com/louisiana-eviction-notice/
- https://lafayette-process-servers.com/steps-to-take-before-sending-eviction-letters/
- https://lafayette-process-servers.com/louisiana-eviction-notice-lafayette-parish/