When an owner of immovable property wishes to evict the occupant therefrom, after the purpose of the occupancy has ceased, the owner or his agent, shall first cause a written notice to vacate the property to be delivered to the occupant. This notice shall allow the occupant five days from its delivery to vacate the premises.
Art. 4702.Notice to Occupant Other Than Tenant to Vacate
Book VII. Special Proceedings · Title XI. Eviction of Tenants and Occupants · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4702 requires a property owner to deliver a written notice giving a non-tenant occupant five days from delivery to vacate once the reason for that occupant's presence on the property has ended, before the owner can pursue eviction.
Full Text of Art. 4702
Plain-English Summary
Not everyone Louisiana law lets a landowner remove through summary eviction holds a lease. Article 4702 addresses the occupant, someone in possession without a lease at all, whether that is a holdover guest, a family member who will not leave, a former owner who stayed on after a sale, or anyone else occupying the property by permission or accommodation rather than by contract.
The trigger for this notice differs from Article 4701's lease-based trigger because there is no lease term to expire or waive. Instead, the notice requirement kicks in after the purpose of the occupancy has ceased, meaning whatever informal arrangement let the person stay on the property has come to an end and the owner wants the property back.
Once that purpose has ceased, the owner or the owner's agent has to deliver a written notice to vacate, and the occupant gets five days from delivery to leave. Unlike Article 4701, there is no waiver mechanism here, since there is no lease for the parties to write one into.
Frequently Asked Questions
What is the difference between a tenant and an occupant under Louisiana eviction law?
A tenant holds a lease, while an occupant is in possession without one, such as a holdover guest, a family member, or a former owner who stayed on after the property changed hands.
How much notice does a non-tenant occupant get before eviction in Louisiana?
Five days from delivery of a written notice to vacate, once the purpose of the occupancy has ceased.
Can an owner skip the notice requirement for an occupant the way a lease can waive it for a tenant?
No. Article 4702 has no waiver provision comparable to Article 4701's, since there is no lease for the parties to include a waiver in.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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