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Louisiana 5-Day Notice to Vacate

Louisiana 5-Day Notice to Vacate for Nonpayment of Rent

Download the Louisiana 5-Day Notice to Vacate for Nonpayment of Rent for residential nonpayment situations where a written Article 4701 notice is needed. Check the signed lease first for a written notice waiver; this is a notice to vacate, not a pay-or-quit form, and the five-day period is calculated under Article 5059 rather than as five calendar days.

  • editable Word format
  • Attorney-reviewed notice materials
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What you receive for Louisiana

This Louisiana nonpayment packet helps document the Article 4701 waiver check, rent basis, delivery date, Article 5059 legal-delay deadline, Article 4703 door-attachment limits, payment communications, and records a landlord should keep before deciding whether a Rule to Show Cause filing is the next step.

Louisiana nonpayment notice

Built around La. C.C.P. art. 4701 for residential nonpayment, with fields for tenant and property details, unpaid rent basis, delivery date, vacate deadline, and landlord records.

Editable self-help files

Download the editable Word files, customize the notice on your own device, and keep a completed or served copy for your records.

Waiver, timing, and delivery focus

Use the instructions and service record to check the lease waiver first, count the five-day legal delay from delivery, limit door attachment to Article 4703 facts, and keep mailing records separate from the delivery date.

Included Louisiana notice documents

This product includes four editable Microsoft Word files: the 5-Day Notice to Vacate for Nonpayment of Rent, Louisiana Notice Instructions, Notice Service Record, and #10 Mailing Envelope.

  • 5-Day Notice to Vacate for Nonpayment of Rent Tenant-facing Article 4701 notice to vacate for residential nonpayment — not pay-or-quit Word
  • Louisiana Notice Instructions Louisiana waiver, delivery, Article 5059 timing, court-path, and no-self-help instructions Word
  • Notice Service Record Delivery, legal-delay, Article 4703, and payment-communication record Word
  • #10 Mailing Envelope #10 envelope for certified-mail records or supplemental mailing; not a mailing-date shortcut Word

Self-help notice overview

Using a Louisiana 5-Day Notice to Vacate for Nonpayment of Rent

A written Louisiana 5-Day Notice to Vacate for Nonpayment of Rent helps document residential nonpayment under La. C.C.P. art. 4701, including the landlord, tenant, premises, rent basis, delivery date, legal-delay deadline, and records to keep before any Rule to Show Cause filing.

Louisiana is unusual because this is a notice to vacate, not a pay-or-quit notice. Do not promise a statutory pay-and-stay cure right, and do not fold the legacy 10-day no-cause or month-to-month termination notice back into this nonpayment product.

The five-day period runs from delivery and is computed under Article 5059: exclude the delivery date and legal holidays, including Saturdays and Sundays under R.S. 1:55. Do not count five calendar days or calculate from the date a letter was placed in the mail.

About this Louisiana 5-Day Notice package

This page highlights the current downloadable Louisiana 5-Day Notice to Vacate for Nonpayment of Rent package, including the four editable Word files included with this product. The state-specific guidance below explains the Article 4701 waiver gate, notice-to-vacate framing, Article 5059 timing, delivery proof, door-attachment limits, court path, no-self-help limits, and retired 10-day product scope before checkout.

Louisiana notice requirements and usage notes

The complete Louisiana 5-Day Notice to Vacate package is available immediately after checkout. Use the state-specific guidance below to check the Article 4701 lease waiver, avoid pay-or-quit framing, count the five-day legal delay under Article 5059, document delivery, and keep the companion records before serving or filing.

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Quick answer

Use this Louisiana 5-Day Notice to Vacate for Nonpayment of Rent only for residential nonpayment when a written Article 4701 notice is needed. Check the signed lease first: a written lease waiver may allow filing without serving this notice. This is a notice to vacate, not a pay-or-quit form, and the five-day period is calculated under Article 5059 — not as five calendar days.

Notice type 5-Day Notice to Vacate for Nonpayment of Rent
Main use Louisiana residential nonpayment under La. C.C.P. art. 4701
Included materials Notice to Vacate, instructions, service record, and #10 envelope (all editable Word)
First gate Check the signed lease for a written Article 4701 notice waiver
Timing rule Five-day legal delay from delivery; exclude delivery date and legal holidays under Article 5059

Before you use this notice

  • Confirm this is residential nonpayment. This packet no longer includes the legacy 10-day no-cause/month-to-month termination notice, which is a separate Civil Code arts. 2728–2729 issue.
  • Check the signed lease for a written Article 4701 waiver before serving. If a valid waiver applies, counsel or local practice may allow filing immediately after the tenant loses the right of occupancy.
  • Do not describe this as pay-or-quit or promise a statutory pay-and-stay cure right. The notice demands possession after nonpayment; payment decisions and acceptance can create waiver and court-practice issues.
  • Calculate the deadline from delivery, not from the date a letter is deposited in the mail. Use proof-friendly delivery, such as personal delivery with a witness or certified mail / return receipt, and document the delivery date used.
  • Do not present door attachment as ordinary service. Article 4703 permits door attachment only when the premises are abandoned or closed, or the tenant’s whereabouts are unknown.
  • Use the rent amount as the nonpayment basis and keep unrelated charges, damages, attorney fees, court costs, and future rent separate unless counsel confirms they should be included.

Lease waiver comes first

Article 4701 lets a lessee waive the notice-to-vacate requirement by written waiver contained in the lease. If the lease contains a valid waiver and the tenant has lost the right of occupancy, the landlord or agent may be able to institute eviction proceedings immediately under Chapter 2 of Title XI.

The packet therefore starts with a lease-waiver gate. If the waiver is absent, unclear, limited, or affected by federal or subsidized-housing rules, use conservative written notice or get Louisiana counsel before filing.

Five days is a legal-delay calculation, not five calendar days

Article 4701 requires not less than five days from the date of delivery. Article 5059 excludes the date of delivery, includes the last day unless it is a legal holiday, and excludes legal holidays when the period is less than seven days.

For Article 5059 purposes, R.S. 1:55 treats Saturdays and Sundays as legal holidays. The practical deadline is therefore later than five straight calendar days after delivery. The service record includes a legal-delay worksheet so the delivery date, excluded holidays, and earliest filing date are documented.

Delivery, door attachment, court path, and no self-help

  • Article 4701 measures from delivery to the lessee. Do not count from mailing unless counsel or controlling local practice confirms the mailing date is the delivery date.
  • Article 4703 door attachment is narrow: abandoned or closed premises, or unknown whereabouts. Ordinary door tacking, ordinary mail, text, voicemail, or email alone is not a safe Article 4701 delivery method absent counsel or local rule.
  • If the tenant does not vacate, the next step is generally a Rule to Show Cause under Article 4731, returnable not earlier than the third day after service under Article 4732, followed by judgment, a 24-hour warrant for possession under Article 4733, and officer execution under Article 4734.

What happens after service

If the tenant does not vacate after proper notice, or if a valid written waiver applies, the landlord may still need to file a Rule to Show Cause for possession and obtain judgment and a warrant before possession changes. A notice is not a court order; do not lock out the tenant, shut off utilities, or remove property unless the premises are genuinely abandoned and counsel confirms the Article 4731 abandonment rules apply.

State-specific caution

The Louisiana traps are calling this pay-or-quit, counting five calendar days, and folding the old 10-day month-to-month notice back into the product. Keep this page scoped to residential nonpayment, Article 4701 notice-to-vacate framing, Article 5059 timing, and the lease-waiver gate.

Ready to download the Louisiana 5-Day Notice to Vacate package? The complete four-document Louisiana 5-Day Notice to Vacate package is available immediately after secure checkout.

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Frequently Asked Questions About Louisiana 5-Day Notices to Vacate

No. This packet is for nonpayment of rent only (La. C.C.P. art. 4701). Ending a month-to-month or no-term lease without cause is a different process under Civil Code arts. 2728–2729 and needs a separate notice — this product doesn’t include it.

This Louisiana product includes four editable Microsoft Word files: the 5-Day Notice to Vacate for Nonpayment of Rent, Louisiana Notice Instructions, Notice Service Record, and a #10 Mailing Envelope. The tenant-facing notice is the document to serve; the instructions, service record, and envelope are companion files.

No. Louisiana’s Article 4701 notice is a notice to vacate after the tenant’s right of occupancy has ceased for nonpayment. It should not promise a statutory right to pay and stay. Payment offers, payment acceptance, waiver, lease terms, and court practice can affect next steps, so document payment communications and get counsel before accepting partial or late rent if eviction remains possible.

Check the signed lease first. Article 4701 allows a written lease waiver of the notice-to-vacate requirement. If a valid waiver applies and the tenant has lost the right of occupancy, counsel or local practice may allow filing without serving this notice. If waiver status is unclear, use conservative written notice or consult Louisiana counsel.

Count from delivery, not mailing. Article 5059 excludes the delivery date and excludes legal holidays because the period is less than seven days. R.S. 1:55 treats Saturdays and Sundays as legal holidays for Article 5059, so do not call this five calendar days or count straight through a weekend.

Only in the narrow Article 4703 situation: when the premises are abandoned or closed, or the tenant’s whereabouts are unknown. Do not present ordinary door tacking as the normal delivery method. Personal delivery with a witness or certified mail / return receipt are proof-friendly methods, and the envelope is a mailing aid, not a mailing-date shortcut.

If the tenant does not vacate after proper notice, or if a valid written waiver applies, the landlord may still need to file a Rule to Show Cause for possession, obtain a judgment, then obtain and execute a warrant for possession through lawful officers. The notice itself is not a court order.

No. ILRG provides self-help legal forms and information, not legal advice. You are responsible for reviewing the completed notice, lease waiver, delivery proof, Article 5059 deadline, rent ledger, federal or subsidized-housing overlays, and local court requirements before serving or relying on it.

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