Late Rent Notice Requirements in Louisiana 2025
Grace period, late fee cap, and pay-or-quit notice rules
Before a Louisiana landlord can file to evict a tenant for unpaid rent, state law requires a written Notice to Vacate. Louisiana is a civil-law state, so its rules come from the Code of Civil Procedure rather than the common-law pay-or-quit framework used elsewhere. The core requirement is short and strict: not less than five days from the date the notice is delivered before you can take the tenant to court. Unlike many states, this notice is unconditional. Louisiana does not force you to give the tenant a chance to pay and stay.
The 5-day Notice to Vacate under Article 4701
The controlling statute is Louisiana Code of Civil Procedure Article 4701. When a tenant's right to occupy has ended, including for nonpayment of rent, the landlord or the landlord's agent must deliver a written notice to vacate that allows the tenant not less than five days from the date of delivery to move out. The five days are counted from delivery, so serve the notice early in the week and confirm the actual delivery date, because that date starts the clock.
If the lease has a definite term, a notice to vacate at the end of that term may be given not more than thirty days before the term expires. For late-rent situations mid-lease, the five-day notice is the operative document.
No grace period and no cure right
Two features make Louisiana notably landlord-favorable, and both surprise tenants who assume the rules match neighboring states.
No statutory grace period. Louisiana law does not build in a grace period for rent. Rent is late the day after it is due unless your lease says otherwise, so the lease's due date and any contractual grace period control.
No cure right. The Article 4701 Notice to Vacate is unconditional. You are not required to offer the tenant an opportunity to pay the overdue rent and remain in the unit. This is a real departure from typical pay-or-quit notices in other states, which give the tenant a window to cure. In Louisiana, once the five-day period runs, you may proceed to court even if the tenant later offers the full balance, though accepting rent can complicate or waive your position, so decide deliberately.
How to deliver the notice (Article 4703)
Delivery is governed by Code of Civil Procedure Article 4703. The primary method is personal delivery to the tenant. If the premises are abandoned or closed, or the tenant's whereabouts are unknown, the notice may be attached to a door of the premises, commonly called service by tacking. Reserve tacking for those specific circumstances and only after a reasonable attempt at personal delivery; affix it securely and in an obvious spot.
Document delivery carefully. Note the date, time, method, and address, and keep a copy of the notice. The delivery date is what sets your five-day count, and a court will look to it if the tenant disputes service.
Waiver of notice and the next step in court
Article 4701 allows a tenant to waive the notice-to-vacate requirement by written waiver in the lease. Where the lease contains a valid waiver, the landlord may institute eviction proceedings immediately upon termination of the tenant's right of occupancy, without first serving the five-day notice. Many Louisiana leases include this clause; check yours before assuming you must serve a notice.
If the tenant does not move by the deadline, the landlord files a Rule for Possession (a rule to evict) in the appropriate court under Code of Civil Procedure Articles 4731 and 4732. The court then sets a summary hearing. The notice is a prerequisite, filing without proper notice (and without a valid lease waiver) is the most common reason a Louisiana eviction gets dismissed.
The federal 30-day baseline for covered properties
If your property is federally subsidized or federally backed, a separate federal rule can override Louisiana's five days. Section 4024 of the CARES Act requires at least 30 days notice to vacate before filing a nonpayment eviction at a covered dwelling. That statutory 30-day requirement did not sunset with the pandemic and remains in force in 2026, even though HUD and USDA rescinded their own parallel regulatory 30-day rules effective March 30, 2026. For a covered unit, serve the longer 30-day notice; for a typical private-market Louisiana rental, the five-day Notice to Vacate applies.
The Pay-or-Quit Notice Process in Louisiana
Once rent is late and no grace period applies, the landlord must serve a formal 5-day pay-or-quit notice (La. R.S. § 9:3234) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Louisiana court.
- Rent due date: As stated in the lease
- Pay-or-quit notice may be served: Day 1 or later
- Notice period expires: Day 5 after the due date
- Eviction filing permitted: Day 6 or later
Fill-In Notice Template, Louisiana
This page reflects Louisiana Code of Civil Procedure Articles 4701, 4703, and 4731–4732 as they stand in 2026, along with the federal CARES Act Section 4024 notice requirement. Louisiana's civil-law framework and its unconditional Notice to Vacate differ meaningfully from common-law pay-or-quit rules, and local court practice varies by parish. This is general information for landlords, not legal advice; confirm your lease terms and consult a Louisiana attorney or your parish court before filing a Rule for Possession.
Frequently Asked Questions
How many days is a late-rent notice in Louisiana?
Louisiana requires a written Notice to Vacate giving the tenant not less than five days from the date of delivery to move out, under Code of Civil Procedure Article 4701. The five days run from delivery, so confirm the delivery date before counting.
Does Louisiana have a grace period for late rent?
No. Louisiana law provides no statutory grace period. Rent is considered late the day after it is due unless the lease specifies a grace period, so your lease terms control the due date and any contractual grace.
Do I have to let the tenant pay to stop the eviction?
No. The Louisiana Notice to Vacate is unconditional. State law does not require you to offer a chance to pay the overdue rent and stay. Be cautious about accepting late rent after serving notice, though, because it can undercut or waive your right to proceed.
How do I legally deliver a Notice to Vacate in Louisiana?
Under Code of Civil Procedure Article 4703, deliver the notice personally to the tenant. If the premises are abandoned or closed, or the tenant's whereabouts are unknown, you may attach it to a door of the premises (tacking). Document the date, method, and address, and keep a copy.
Can a Louisiana lease waive the notice requirement?
Yes. Article 4701 lets a tenant waive the notice-to-vacate requirement through a written waiver in the lease. Where a valid waiver exists, the landlord may begin eviction proceedings immediately without serving the five-day notice.
What if the property is federally subsidized?
Section 4024 of the CARES Act requires at least 30 days notice to vacate before a nonpayment eviction at a federally covered dwelling. That requirement still applies in 2026 despite HUD and USDA rescinding their regulatory versions, so serve a 30-day notice for covered units instead of the standard five-day notice.
Related Guides for Louisiana Landlords
Data sourced from Louisiana published statutes (La. R.S. § 9:3234), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.