La. Code Civ. Proc. § Art. 4701
Termination of lease; notice to vacate; waiver of notice
Operative Text
Art. 4701. Termination of lease; notice to vacate; waiver of notice 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. If the lease has no definite term, the notice required by law for its termination shall be considered as a notice to vacate under this Article. If the lease has a definite term, notice to vacate may be given not more than thirty days before the expiration of the term. 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.
Under La. Code Civ. Proc. art. § Art. 4701, when a tenant's right to occupy a property ends—whether because a lease expired, the landlord ended it, rent went unpaid, or for any other reason—the landlord must deliver a written notice to vacate before pursuing eviction. That notice must give the tenant at least five days to leave. If the lease had no fixed end date, the legally required termination notice doubles as the vacate notice; if it had a fixed term, the vacate notice can be issued up to thirty days before that term ends. A tenant can also waive these notice requirements in writing within the lease itself, which would allow the landlord to begin eviction proceedings immediately upon termination.
Plain English — not legal advice.
La. Code Civ. Proc. art. § Art. 4701 sets out the notice steps Louisiana property owners and managers generally follow before initiating eviction. A compliant operator delivers a written notice to vacate that gives the tenant at least five days from the date of delivery, regardless of the reason the tenancy ended. Operators with fixed-term leases typically issue the vacate notice no more than thirty days before the term expires, while those with month-to-month or indefinite leases rely on the statutory termination notice to satisfy this requirement. Where a lease contains a written waiver of notice that complies with this article, the operator may proceed directly to eviction proceedings without issuing a separate vacate notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
La. Code Civ. Proc. art. § Art. 4701 establishes that Louisiana tenants are generally entitled to a written notice giving at least five days to vacate before a landlord can pursue eviction through the courts. If a landlord skips this step and no valid written waiver exists in the lease, the lack of proper notice may be raised as a procedural issue in eviction proceedings. Tenants who believe they did not receive the required notice, or who are uncertain whether a waiver clause in their lease is enforceable, may benefit from contacting a local tenant-rights organization or legal aid office for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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