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

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

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 (Lessee shall use the thing as a prudent administrator and in accordance with the purpose for which it was leased);
• LSA-C.C. art. 2687 (Lessee is liable for damages caused by his fault, the fault of those who reside with him, or the fault of his sub-lessee);
• [ADD ADDITIONAL ARTICLES AS APPLICABLE — e.g., 2688 (use for purpose intended); 2689 (lessee's repair duty); 2710 (renewal/option terms)].

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. Civil Code "putting in default." Pursuant to LSA-C.C. art. 2013, this Notice constitutes formal "putting in default" (mise en demeure) demanding performance of the Lease. Lessor reserves the right under La. C.C. art. 2014 to demand judicial dissolution if the breach is not remedied.

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 → 5-day notice runs concurrently. Whether or not cure is timely, the 5-day Notice to Vacate under Section 5 below is INDEPENDENTLY effective. Lessor reserves the right to file a Rule for Possession upon expiration of the 5-day period if the breach is not fully cured.

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, within FIVE (5) DAYS from the date of delivery of this Notice.

The 5-day period is computed under LSA-C.C.P. art. 5059.

Failure to either:

• (a) fully cure the breach described in Sections 3 and 4 (if cure is permitted) within the time stated; OR
• (b) vacate and surrender possession of the Premises within the 5-day period

WILL RESULT in a Rule for Possession being filed against you in the [JUSTICE OF THE PEACE COURT FOR WARD ____ / [CITY] CITY COURT / [DISTRICT] DISTRICT COURT] under LSA-C.C.P. arts. 4731–4735, seeking judicial eviction.

6. RESERVATION OF RIGHTS AND NO-WAIVER

6.1. Continuing rent obligation. This Notice does not relieve Lessee of any obligation to pay rent or other charges through the date of actual surrender or judicial eviction. Lessor's acceptance of rent during the 5-day period or during cure shall NOT constitute a waiver of this Notice or of the breach unless expressly waived in a signed writing (LSA-C.C. arts. 2682–2683).

6.2. Damages and attorney's fees. Lessor reserves all rights to pursue damages, costs, and attorney's fees as permitted by the Lease and by LSA-C.C. arts. 2002, 2683, and 2687.

6.3. Self-help expressly disclaimed. Lessor does NOT assert any right to self-help, lockout, utility termination, or removal of Lessee's property without judicial process. All such measures are barred under Louisiana law.

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 neither cure the breach nor vacate within the 5-day period, Lessor will, on the SIXTH DAY OR THEREAFTER, file a Rule for Possession in the appropriate court of competent jurisdiction. The Louisiana eviction process proceeds as follows:

7.1. Filing. Verified petition (Rule for Possession) filed in Justice of the Peace Court (parish wards), City Court, or Parish Court for the parish where the Premises is located.

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. Lessee has the right to appeal to the District Court within twenty-four (24) hours of the judgment of eviction. To suspend execution during appeal, Lessee must (i) have answered the rule under oath pleading an affirmative defense entitling Lessee to retain possession, AND (ii) post an appeal bond within 24 hours (LSA-C.C.P. art. 4735).

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. 2693 — continuing obligation);
• The right to assert that the breach has been timely cured or is excused;
• The right to assert retaliation as an "abuse of right" defense — particularly for tenants who have reported habitability problems, contacted code enforcement, or asserted other legal rights (Louisiana abuse-of-right doctrine; New Orleans Code § 26-XXX six-month anti-retaliation provision; 42 U.S.C. § 3617 federal anti-retaliation);
• 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. The 5-day window is extremely short.

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. Per LSA-C.C.P. art. 4731, in any parish subject to a federally declared disaster, a 30-day abandonment safe harbor and waiver of injunction security applies.

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.

☐ Substituted service on [NAME], a person of suitable age and discretion residing at the Premises.

☐ Tacking and mailing. After two diligent attempts at service, posted in a conspicuous place at the Premises AND mailed by first-class U.S. mail.

☐ Certified mail with return receipt (date of receipt or refusal: [__/__/____]).

☐ Other: [DESCRIBE].

[________________________________]

[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 5-day Notice to Vacate under LSA-C.C.P. art. 4701 governs both nonpayment and breach. A "cure period" is contractual or arises from civil-law mise en demeure under La. C.C. art. 2013.
• Putting in default. For obligations susceptible of timely performance, La. C.C. art. 1989 generally requires "putting in default" (mise en demeure) before damages or dissolution. La. C.C. art. 2013 specifically addresses dissolution. Practitioners frequently combine the putting-in-default letter with the art. 4701 notice; courts have accepted combined notices where each function is clearly stated.
• Materiality. Louisiana courts may refuse eviction for trivial or non-material breaches. La. C.C. art. 2014 ("dissolution may not be granted when the obligor has rendered a substantial part of the performance"). 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 Justice of the Peace Court vs. City Court vs. Parish Court vs. District Court jurisdiction by parish and by amount in controversy. Orleans Parish: First and Second City Courts. East Baton Rouge: Baton Rouge City Court. Other parishes: City/Justice of the Peace per ward.
• 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. A separate fast-track exists for federal subsidized housing for drug-related criminal activity (42 U.S.C. § 11901 et seq.; HUD One-Strike). Louisiana state law does not have a parallel expedited eviction; the standard 5-day notice and rule for possession applies.

13. SOURCES AND REFERENCES

• LSA-C.C.P. art. 4701 — https://legis.la.gov/legis/Law.aspx?d=112073
• LSA-C.C.P. arts. 4731–4735 — https://legis.la.gov/Legis/Law.aspx?d=112078
• 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. 2013–2024 (Putting in default; 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.