Five-Day Notice to Vacate (Nonpayment of Rent) — Louisiana

FIVE-DAY NOTICE TO VACATE — NONPAYMENT OF RENT — LOUISIANA

TABLE OF CONTENTS

1. Caption / Header
2. Identification of Parties and Premises
3. Lease Identification and Default
4. Itemized Statement of Rent and Charges Due
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. Federally Protected Class / 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 — Nonpayment of Rent)

Date of Notice: [__/__/____]

Notice Reference No.: [________________________________]

2. IDENTIFICATION OF PARTIES AND PREMISES

3. LEASE IDENTIFICATION AND DEFAULT

PLEASE TAKE NOTICE that you, [TENANT NAME], as lessee under that certain written lease dated [__/__/____] (the "Lease") for the above-described premises (the "Premises"), are in DEFAULT of your obligation to pay rent when due, in violation of:

3.1. The express rent and payment provisions of the Lease, specifically Section/Paragraph [____] thereof; and

3.2. LSA-C.C. art. 2704 (the lessee is bound to pay the rent in accordance with the agreed terms); and

3.3. LSA-C.C. art. 2706 (rent is due at the time and place stipulated in the lease, and otherwise at the lessor's domicile).

4. ITEMIZED STATEMENT OF RENT AND CHARGES DUE

As of the date of this Notice, the following amounts are unpaid and past due:

Payment must be tendered in the form of: [CERTIFIED FUNDS / CASHIER'S CHECK / MONEY ORDER / OTHER: ______] — personal checks are [ACCEPTED / NOT ACCEPTED] during the cure period at lessor's election.

Payment may be tendered to:

[NAME OF LESSOR OR DESIGNATED AGENT]

[STREET ADDRESS, CITY, PARISH, LA, ZIP]

Hours: [BUSINESS HOURS]

Telephone: [NUMBER]

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, excluding the day of delivery and excluding intervening legal holidays. The exact date by which you must vacate will depend on the date of delivery.

Failure to either:

• (a) pay the total amount listed in Section 4 in full and in certified funds (if so elected by Lessor) within the 5-day period; 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. Acceptance of partial payment. Lessor reserves the right to ACCEPT OR REJECT any partial payment of rent. Acceptance of any partial payment shall NOT constitute a waiver of this Notice, of the default, of the right to terminate the Lease, or of the right to proceed with eviction under LSA-C.C.P. arts. 4701 and 4731 et seq., unless Lessor expressly waives such rights in a signed writing.

6.2. Continuing rent obligation. Lessee remains liable for rent through the date of actual surrender or judicial eviction, plus all damages, attorney's fees, and costs as permitted by the Lease and Louisiana law (LSA-C.C. art. 2683; art. 2002).

6.3. Security deposit. Lessor's rights with respect to the security deposit are governed by the Lessee's Deposit Act, LSA-R.S. § 9:3251 et seq. Lessor will provide an itemized statement within one (1) month after termination of the Lease, in compliance with LSA-R.S. § 9:3251(A).

6.4. 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 and applicable jurisprudence.

7. CONSEQUENCES OF NONCOMPLIANCE — RULE FOR POSSESSION

If you do not pay or vacate within the 5-day period, Lessor will, on the SIXTH DAY OR THEREAFTER, file a Rule for Possession (also called a "Rule to Show Cause Why Possession Should Not Be Delivered") in the appropriate court of competent jurisdiction. The Louisiana eviction process proceeds as follows:

7.1. Filing. Lessor files a verified petition (Rule for Possession) in Justice of the Peace Court (parish wards) or the City/Parish Court for the parish where the Premises is located.

7.2. Service. The court issues a citation. Service is by sheriff, constable, or marshal. The rule is returnable not earlier than the THIRD day after service (LSA-C.C.P. art. 4732).

7.3. Trial. Trial is held on the return day. If the lessor proves the right to possession (or if you fail to appear or answer), the court will render judgment of eviction (LSA-C.C.P. art. 4732). The judgment is effective for not less than ninety (90) days.

7.4. Warrant for Possession. If you do not deliver possession within TWENTY-FOUR (24) hours after the judgment of eviction, the court will issue a Warrant for Possession to the sheriff/constable/marshal, who will execute it in the presence of two witnesses by clearing the Premises (LSA-C.C.P. arts. 4733–4734).

7.5. Appeal. You have the right to appeal de novo to the District Court within TWENTY-FOUR (24) hours of the judgment of eviction. To suspend execution of the judgment during appeal, you must (i) have answered the rule under oath pleading an affirmative defense entitling you to retain possession, and (ii) post an appeal bond within 24 hours (LSA-C.C.P. art. 4735). The 24-hour appeal window is uniquely short under Louisiana law; it does not extend if the courthouse is closed in the ordinary course of business — but see LSA-C.C.P. art. 5059 for tolling on legal holidays.

7.6. Money judgment. Lessor may also pursue a separate ordinary suit (or, where authorized, a combined action) for unpaid rent, damages, attorney's fees, and costs (LSA-C.C. art. 2002; art. 2683).

8. TENANT RIGHTS INFORMATION

You may have legal rights and defenses to this Notice and any subsequent eviction action, including but not limited to:

• The right to dispute the amount allegedly owed (e.g., partial payments, off-sets, retention of security deposit improperly applied, abatement for breach of warranty);
• The right to assert breach of the lessor's warranty against vices and defects (LSA-C.C. art. 2696, art. 2697, art. 2691) — Louisiana's civil-law analog to a "warranty of habitability";
• The right to assert reciprocal breach of the lease by the lessor (LSA-C.C. arts. 2682–2683 — lessor's principal obligations);
• The right to assert retaliation as an "abuse of right" defense where the eviction is in response to a tenant's good-faith assertion of legal rights (Louisiana common-law/civil-law abuse-of-right doctrine; see also 42 U.S.C. § 3617 — federal anti-retaliation under the FHA);
• The right to assert housing discrimination defenses under the Louisiana Equal Housing Opportunity Act (LSA-R.S. § 51:2601 et seq.) and the federal Fair Housing Act (42 U.S.C. § 3601 et seq.);
• The right to challenge defects in this Notice (e.g., short notice, improper service, mis-named lessee, miscalculated rent);
• For tenants in New Orleans/Orleans Parish: the RIGHT TO COUNSEL in Eviction Court funded by City Council ordinance — contact Southeast Louisiana Legal Services (SLLS) at (504) 529-1000 ext. 223;
• For tenants statewide: Louisiana Civil Justice Center (LCJC) hotline at 1-800-310-7029, Acadiana Legal Service Corp., Legal Services of North Louisiana, or your local legal-aid provider.

You are strongly encouraged to consult an attorney immediately. The time to respond is extremely short under Louisiana law.

9. FEDERALLY PROTECTED CLASS / DISASTER / SERVICEMEMBER NOTICES

9.1. Servicemembers Civil Relief Act (SCRA). If you are an active-duty servicemember or covered dependent, you may be entitled to a stay of eviction under 50 U.S.C. § 3951. Notify Lessor and the court immediately if you claim SCRA protection.

9.2. Federally declared disaster. Per LSA-C.C.P. art. 4731, in any parish subject to a federally declared disaster, the lessor may not rely on tenant absence to claim abandonment for thirty (30) days following the declaration, and a residential lessee bringing an injunctive action need not furnish security under art. 3610 for that 30-day period. Verify whether any current FEMA disaster declaration applies to [PARISH] Parish before service.

9.3. Subsidized housing. If the Premises is subject to a Section 8 Housing Assistance Payments contract, public housing program, LIHTC, or other federal subsidy, federal "good cause" standards and 30-day pre-termination notice requirements may apply IN ADDITION to LSA-C.C.P. art. 4701. See 24 C.F.R. § 247.4 (subsidized multifamily) and HUD/HAP contract language.

9.4. Federal Fair Housing Act / Louisiana Equal Housing Opportunity Act. Eviction may not be based on race, color, religion, sex (including sexual orientation/gender identity per Bostock v. Clayton County, 590 U.S. ___ (2020) and HUD policy), familial status, national origin, military status, disability, source of income (where applicable by ordinance), or natural/protective/cultural hairstyle (LSA-R.S. § 51:2606).

9.5. New Orleans Healthy Homes Ordinance. For premises located in New Orleans, Lessor certifies (or shall certify in any subsequent rule for possession) compliance with the Healthy Homes Registry under New Orleans Code Chapter 26.

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 (check one):

☐ Personal delivery to the Lessee at the Premises.

☐ Substituted service on [NAME], a person of suitable age and discretion residing at the Premises, after Lessee was determined to be absent.

☐ Tacking and mailing. After two diligent attempts at personal/substituted service (on [__/__/____] at [__:__] and [__/__/____] at [__:__]), I posted a copy in a conspicuous place at the Premises (front door) AND mailed a copy by first-class U.S. mail to Lessee at the Premises address.

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

☐ Other: [DESCRIBE].

[________________________________]

[NAME OF SERVER]

Address: [________________________________]

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

[________________________________]

Notary Public, State of Louisiana

Bar/Notary No.: [____]

(Commission Expires: [_______________])

12. LOUISIANA PRACTICE NOTES

• Civil-law sources. La. C.C. art. 1 establishes legislation as the primary source. Cite codal articles (LSA-C.C., LSA-C.C.P., LSA-R.S.) FIRST; jurisprudence is secondary. The 1985 reorganization renumbered many lease articles — older citations may reference former arts. 2710–2724.
• 5-day notice covers BOTH nonpayment and breach. Unlike most common-law states, Louisiana does NOT have separate statutory pay-or-quit and cure-or-quit procedures. LSA-C.C.P. art. 4701 governs all post-default notices.
• Forum selection. Justice of the Peace Courts (parish wards) hear small evictions where amount in controversy is below the JP court limit; City Courts (e.g., New Orleans First/Second City Courts, Baton Rouge City Court) hear larger evictions. District Courts hear evictions where no City/JP court has jurisdiction, and hear de novo appeals. Verify forum and amount-in-controversy limits per parish.
• Strict construction. Louisiana appellate courts strictly construe notice requirements against the lessor. McCoy v. Robbins, 654 So. 2d 877 (La. App. 2 Cir. 1995); see also Major v. Hall, 251 So. 2d 444 (La. App. 1 Cir. 1971). A defective notice is a complete defense to the rule and requires the lessor to start over.
• Waiver of notice. A waiver clause in the lease is enforceable but must be EXPRESS. Generic boilerplate may not suffice; see Mark Moreau, Louisiana Landlord–Tenant Law, ch. 9 (Loyola Law Review).
• Acceptance of rent waives default. Acceptance of rent for any period covering or after the default — without an express written reservation — generally waives the default and the right to evict for that default. Always reserve in writing.
• Acceleration clauses. Louisiana enforces acceleration clauses but with judicial scrutiny for reasonableness (LSA-C.C. art. 2003 — abuse of contractual rights; LSA-C.C. art. 2017 — penalty stipulations).
• Security deposit demand. A separate written demand under LSA-R.S. § 9:3252 starts the 30-day clock for statutory damages ($300 or 2x wrongfully retained, whichever is greater).
• No CDC moratorium. The federal eviction moratorium (CDC Order, 86 Fed. Reg. 43244) was vacated by the U.S. Supreme Court in Alabama Ass'n of Realtors v. HHS, 594 U.S. ___ (2021); no current federal moratorium applies.
• Hurricane / disaster moratoriums. Verify FEMA declarations on FEMA.gov before service. Louisiana governors have historically issued disaster proclamations suspending evictions; check current executive orders on gov.louisiana.gov.

13. SOURCES AND REFERENCES

• LSA-C.C.P. art. 4701 — Termination of lease; notice to vacate; waiver of notice — https://legis.la.gov/legis/Law.aspx?d=112073
• LSA-C.C.P. arts. 4731–4735 — Rule to show cause; trial; warrant; appeal — 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. 2696 — Warranty against vices or defects — https://codes.findlaw.com/la/civil-code/la-civ-code-tit-ix-art-2696.html
• LSA-C.C. art. 2728 — Notice of termination; timing — https://codes.findlaw.com/la/civil-code/la-civ-code-tit-ix-art-2728/
• LSA-R.S. § 9:3251 — Lessee's Deposit Act — https://www.legis.la.gov/Legis/Law.aspx?d=107468
• 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, Loyola Law School Pro Bono Desk Manual — 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 abatement defense in eviction)
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 24 C.F.R. § 247.4 — Subsidized housing termination notice

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Louisiana must review and customize this document before use. Citations, court rules, and parish ordinances change frequently; verify all authorities on legis.la.gov and the relevant parish/city court website before service.