Five-Day Notice to Vacate (Lease Breach / Cure or Quit) — Louisiana

FIVE-DAY NOTICE TO VACATE — MATERIAL BREACH OF LEASE — LOUISIANA

Before delivery: Check whether this dwelling is on a property covered by 15 U.S.C. § 9058(a), including federal housing programs and federally backed mortgages. If covered, give at least 30 days from this notice before requiring the tenant to vacate under § 9058(c).

TABLE OF CONTENTS

1. Caption / Header
2. Identification of Parties and Premises
3. Lease Identification and Description of Breach
4. Putting in Default — Optional Cure Period
5. Demand to Vacate Within Five (5) Days
6. Reservation of Rights and No-Waiver
7. Consequences of Noncompliance — Rule for Possession
8. Tenant Rights Information
9. Federal / Disaster / Servicemember Notices
10. Signature and Service Block
11. Affidavit / Proof of Service
12. Louisiana Practice Notes
13. Sources and References

1. CAPTION / HEADER

FIVE-DAY NOTICE TO VACATE LEASED PREMISES

(Issued Pursuant to LSA-C.C.P. art. 4701 — Material Breach of Lease)

Date of Notice: [__/__/____]

Notice Reference No.: [________________________________]

2. IDENTIFICATION OF PARTIES AND PREMISES

3. LEASE IDENTIFICATION AND DESCRIPTION OF BREACH

PLEASE TAKE NOTICE that you, [TENANT NAME], as lessee under that certain written lease dated [__/__/____] (the "Lease") for the above-described premises (the "Premises"), have MATERIALLY BREACHED the Lease by the following acts and/or omissions:

3.1. Specific Lease Provision Violated: Section/Paragraph [____] of the Lease, which provides:

"[QUOTE LEASE LANGUAGE VERBATIM]"

3.2. Description of Breach (with dates and specifics):

[DESCRIBE BREACH IN FACTUAL DETAIL — e.g., "On [DATE] at [TIME], Lessee permitted an unauthorized occupant, [NAME], to take up residence at the Premises. [NAME] is not listed on the Lease and has not been approved by Lessor as required by Section [___] of the Lease."]

3.3. Civil Code authority:

The breach contravenes:

• LSA-C.C. art. 2683 (Lessee's principal obligations: pay rent, use the thing as a prudent administrator, return the thing at end of lease in the condition received);
• LSA-C.C. art. 2686 (Misuse of the leased property; injunction, dissolution, and damages);
• LSA-C.C. art. 2687 (Damage caused by the lessee's fault or by a person who, with the lessee's consent, is on the premises or uses the thing);
• [ADD ADDITIONAL ARTICLES AS APPLICABLE — e.g., art. 2683 (use for purpose intended); art. 2688 (duty to notify lessor of damage, needed repair, or disturbed possession)].

3.4. Evidence supporting breach (attached or available on request):

• [PHOTOGRAPHS / WITNESS STATEMENTS / POLICE REPORTS / INSPECTION REPORTS / CORRESPONDENCE]

4. PUTTING IN DEFAULT — OPTIONAL CURE PERIOD

4.1. Lease cure provision (if any). Pursuant to Section [____] of the Lease, you have [____] days within which to cure the breach described in Section 3 above.

4.2. Demand for performance. This Notice demands performance of the Lease. If the breach is not remedied, Lessor reserves the right to seek judicial dissolution under La. C.C. art. 2013, subject to the limitation in art. 2014 when substantial performance has been rendered and the remaining failure does not substantially impair Lessor's interest.

4.3. Required cure actions:

• [LIST SPECIFIC ACTS REQUIRED — e.g., "(a) Remove unauthorized occupant [NAME] from the Premises; (b) Repair damage to [LOCATION] within the cost of $[AMOUNT]; (c) Cease and desist from [BEHAVIOR]"]

4.4. Deadline to cure: [__/__/____] (the "Cure Deadline").

4.5. Confirmation of cure. Lessee shall provide written confirmation of cure (with photographs/documentation as applicable) to Lessor at the address in Section 10 by the Cure Deadline. Lessor may inspect the Premises upon reasonable notice to verify cure.

4.6. Failure to cure and notice period. Whether or not cure is timely, the Notice to Vacate under Section 5 below operates separately from this cure request. Lessor reserves the right to file a Rule for Possession after the applicable notice period if the breach is not fully cured, subject to any additional federal notice requirement.

5. DEMAND TO VACATE WITHIN FIVE (5) DAYS

YOU ARE HEREBY NOTIFIED, pursuant to LSA-C.C.P. art. 4701, to VACATE and DELIVER POSSESSION of the Premises to the Lessor, free of all occupants and personal property, no later than [VACATE DATE AND TIME]. This date allows at least five days from delivery. If this dwelling is covered by 15 U.S.C. § 9058(a), it also allows at least 30 days from the date this notice is provided under § 9058(c).

The Louisiana five-day minimum is computed under LSA-C.C.P. art. 5059. The federal 30-day minimum, when applicable, is an additional limit on the vacate date.

The cure request in Section 4 is a separate contractual demand or settlement opportunity. It does not suspend or cancel this unconditional Article 4701 notice unless the Lessor confirms that result in writing. Failure to vacate by the applicable deadline may result in a Rule for Possession in the [JUSTICE OF THE PEACE COURT FOR WARD ____ / [CITY] CITY COURT / [DISTRICT] DISTRICT COURT] under LSA-C.C.P. arts. 4731–4735.

6. RESERVATION OF RIGHTS AND NO-WAIVER

6.1. Continuing rent obligation. This Notice does not relieve Lessee of rent obligations under the lease while they remain due. The Lessor reserves any rights that remain after accepting payment; record any agreement changing this Notice in writing.

6.2. Damages and attorney's fees. Lessor reserves any claim for damages or costs supported by the lease and applicable law, and any claim for attorney's fees authorized by contract or statute.

6.3. Self-help expressly disclaimed. This notice does not assert a right to lock out the Lessee, terminate utilities, or remove the Lessee's property. Article 4731(B) separately permits possession without further judicial process after required notice when the lessor reasonably believes the premises have been abandoned; this notice makes no abandonment determination.

6.4. Cumulative remedies. The remedies in this Notice are cumulative with all other legal and contractual remedies, including but not limited to suit for damages, judicial dissolution under LSA-C.C. art. 2013, and injunctive relief.

7. CONSEQUENCES OF NONCOMPLIANCE — RULE FOR POSSESSION

If you do not vacate by the applicable deadline and the Lessor has not withdrawn the Notice in writing, Lessor may file a Rule for Possession in the appropriate court of competent jurisdiction, subject to applicable federal requirements. The Louisiana eviction process proceeds as follows:

7.1. Filing. File the Rule for Possession in a court with jurisdiction over the premises and claim: a Justice of the Peace Court, City Court, Parish Court, or District Court as applicable. Confirm the selected court's territorial jurisdiction.

7.2. Service. Citation issued and served by sheriff, constable, or marshal. Rule returnable not earlier than the THIRD day after service (LSA-C.C.P. art. 4732).

7.3. Trial. Trial on the return day. Lessor must prove (a) the existence of the lease, (b) the breach, (c) proper notice (or waiver of notice), and (d) refusal to vacate. If lessor prevails — or if Lessee fails to appear — judgment of eviction is rendered (LSA-C.C.P. art. 4732), effective for not less than ninety (90) days.

7.4. Warrant for Possession. If Lessee does not vacate within twenty-four (24) hours of the judgment, a Warrant for Possession issues. The sheriff, constable, or marshal executes the warrant in the presence of two witnesses (LSA-C.C.P. arts. 4733–4734).

7.5. Appeal. The proper appellate court depends on the court that entered the eviction judgment. Under LSA-C.C.P. art. 4735, an appeal does not suspend execution unless Lessee answered the rule under oath pleading an affirmative defense entitling Lessee to retain possession, applied for an appeal, and filed the appeal bond within twenty-four (24) hours after judgment. Seek prompt legal advice about the applicable appeal procedure.

7.6. Money judgment / damages action. Lessor may pursue a separate ordinary suit for damages, dissolution under LSA-C.C. art. 2013, attorney's fees, and costs.

8. TENANT RIGHTS INFORMATION

You may have legal rights and defenses, including but not limited to:

• The right to dispute the existence, materiality, or characterization of the alleged breach;
• The right to assert breach of the lessor's reciprocal obligations (LSA-C.C. art. 2691 — repair obligation; art. 2696 — warranty against vices and defects; art. 2682 — duty to maintain the thing and protect peaceful possession);
• The right to assert that the breach has been timely cured or is excused;
• If you believe this notice followed a housing complaint or exercise of a legal right, ask counsel whether a retaliation defense applies to your circumstances;
• The right to assert housing discrimination defenses under LSA-R.S. § 51:2601 et seq. and the federal Fair Housing Act;
• The right to challenge defects in this Notice (e.g., short notice, improper service, mis-named lessee, wrong lease section cited);
• For New Orleans/Orleans Parish tenants: RIGHT TO COUNSEL — contact Southeast Louisiana Legal Services (SLLS) at (504) 529-1000 ext. 223;
• Statewide: Louisiana Civil Justice Center hotline 1-800-310-7029.

Consult an attorney immediately. Review the vacate date stated in this notice and any applicable federal protection.

9. FEDERAL / DISASTER / SERVICEMEMBER NOTICES

9.1. Servicemembers Civil Relief Act. If you are an active-duty servicemember, you may be entitled to a stay under 50 U.S.C. § 3951.

9.2. Federally declared disaster. Under LSA-C.C.P. art. 4731(C), in a parish subject to a federal disaster declaration, a tenant's absence from the home alone is not evidence of abandonment under that article for 30 days after the initial declaration. During those 30 days, a court may not require a residential tenant seeking a temporary restraining order or preliminary injunction under that article to provide security under art. 3610.

9.3. Subsidized housing. Federal "good cause" standards and 30-day pre-termination notices may apply (24 C.F.R. § 247.4; HAP contract).

9.4. Fair housing. Eviction may not be based on protected characteristics under LSA-R.S. § 51:2606 or 42 U.S.C. § 3601 et seq.

9.5. VAWA. The Violence Against Women Act (34 U.S.C. § 12491) prohibits eviction of survivors of domestic violence, dating violence, sexual assault, or stalking based on the violence committed against them, in covered housing programs.

10. SIGNATURE AND SERVICE BLOCK

Date of Notice: [__/__/____]

[________________________________]

[LESSOR / AUTHORIZED AGENT NAME]

Title (if agent): [PROPERTY MANAGER / ATTORNEY / OWNER]

Address: [STREET, CITY, PARISH, LA, ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

If signed by an attorney:

[ATTORNEY NAME], La. Bar Roll No. [####]

[LAW FIRM NAME]

Attorney for Lessor

11. AFFIDAVIT / PROOF OF SERVICE

I, [NAME OF SERVER], declare under the penalties of perjury under the laws of the State of Louisiana that I served the foregoing FIVE-DAY NOTICE TO VACATE on [TENANT NAME] on [__/__/____] at approximately [__:__ AM/PM] by the following method:

☐ Personal delivery to the Lessee at the Premises.

☐ Attachment to the door under art. 4703. The Premises were abandoned or closed, or the Lessee's whereabouts were unknown, and I attached the Notice to the door of the Premises.

Any supplemental mailing: [DESCRIBE; DO NOT TREAT MAIL ALONE AS STATUTORY DELIVERY WITHOUT CONTROLLING AUTHORITY].

[________________________________]

[NAME OF SERVER]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of Louisiana

Bar/Notary No.: [____]

(Commission Expires: [_______________])

12. LOUISIANA PRACTICE NOTES

• No separate cure-or-quit statute. Louisiana has no analog to common-law "cure or quit" statutes (e.g., California CCP § 1161(3)). The same Article 4701 Notice to Vacate governs both nonpayment and breach, subject to any longer applicable federal notice period. A cure period may be provided by the lease; determine any applicable duty to put the lessee in default under the Civil Code.
• Default and dissolution. La. C.C. art. 1989 ties damages for delay to the time the obligor is put in default; it treats other damages separately. Art. 2013 addresses dissolution for failure to perform. State clearly whether this notice demands performance, announces intended dissolution, or gives the separate art. 4701 notice to vacate.
• Materiality. Louisiana courts may refuse eviction for trivial or non-material breaches. La. C.C. art. 2014 bars dissolution when the obligor has rendered a substantial part of the performance and the part not rendered does not substantially impair the obligee's interest. Argue and document materiality.
• Strict construction. Notice defects (wrong tenant name, wrong lease section, wrong premises description, miscalculated period, improper service) are strictly construed against the lessor.
• Acceptance of rent. Continued acceptance of rent without express written reservation may waive the right to evict for the breach asserted.
• Lease waiver of notice. An express written waiver clause permits direct filing of the rule without notice (art. 4701, last paragraph). Read the waiver narrowly.
• Forum. Verify the court's territorial and monetary jurisdiction for the premises and claim. Orleans Parish has First and Second City Courts. East Baton Rouge Parish has separate Baker, Baton Rouge, and Zachary City Courts (La. C.C.P. art. 4843(F)); determine whether the property is within the chosen court's territory or whether a Justice of the Peace or district court is the proper forum. Check the applicable court elsewhere as well.
• Civil-law primary sources. Cite the Civil Code article numbers; Louisiana courts disfavor heavy reliance on common-law jurisprudence as primary authority. La. C.C. art. 1.
• Drug-related and criminal activity. Confirm any applicable federal program rules and Louisiana eviction procedure before setting the deadline or filing.

13. SOURCES AND REFERENCES

• LSA-C.C.P. art. 4701 — https://legis.la.gov/legis/Law.aspx?d=112073
• 15 U.S.C. § 9058(a), (c) — https://uscode.house.gov/us/usc/119-118/t15/s9058/
• LSA-C.C.P. arts. 4731–4735 — https://legis.la.gov/Legis/Law.aspx?d=112078
• LSA-C.C.P. art. 4843(F) — https://www.legis.la.gov/legis/Law.aspx?d=112087
• LSA-C.C. art. 2668 et seq. (Lease) — https://lcco.law.lsu.edu/?uid=104&ver=en
• LSA-C.C. art. 2683 (Lessee's principal obligations)
• LSA-C.C. art. 2696 (Warranty against vices) — https://codes.findlaw.com/la/civil-code/la-civ-code-tit-ix-art-2696.html
• LSA-C.C. arts. 1989–1994 (Default and delay damages); arts. 2013–2024 (Dissolution)
• LSA-R.S. § 51:2601 et seq. — Louisiana Equal Housing Opportunity Act
• New Orleans Code Chapter 26 — Healthy Homes — https://library.municode.com/la/new_orleans/codes/code_of_ordinances
• Mark Moreau, Louisiana Landlord–Tenant Law — https://probonodeskmanual.loyno.edu/louisiana-landlord-tenant-law
• Southeast Louisiana Legal Services — https://slls.org
• Louisiana Civil Justice Center — https://laciviljustice.org
• Pylant v. Spencer, 92-2655 (La. App. 1 Cir. 5/5/95) (self-help eviction wrongful)
• NOLA East, LLC v. Sims, 2017-CA-0631 (La. App. 4 Cir. 12/27/17) (habitability defense)
• 50 U.S.C. § 3901 et seq. — SCRA
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 34 U.S.C. § 12491 — VAWA housing protections
• 24 C.F.R. § 247.4 — Subsidized housing termination

Disclaimer: This template is for informational purposes only and is not legal advice. An attorney licensed in Louisiana must review and customize this document before use. Verify all citations on legis.la.gov before service.