Terms Used In Louisiana Code of Civil Procedure 4701

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease: means any oral or written lease, and includes a sublease;

    "Lessee" includes a sublessee, whether the person seeking to evict is a lessor or sublessor; and an assignee of a lessee;

    "Lessor" includes a sublessor, assignee, or transferee;

    "Occupant" includes a sharecropper; half hand; day laborer; former owner; and any person occupying immovable property by permission or accommodation of the owner, former owner, or another occupant, except a mineral lessee, owner of a mineral servitude, or a lessee of the owner;

    "Owner" includes a lessee; and

    "Premises" includes the land and all buildings and improvements thereon leased by a tenant, or possessed by an occupant. See Louisiana Code of Civil Procedure 4704

  • Lessee: includes a sublessee, whether the person seeking to evict is a lessor or sublessor; and an assignee of a lessee;

    "Lessor" includes a sublessor, assignee, or transferee;

    "Occupant" includes a sharecropper; half hand; day laborer; former owner; and any person occupying immovable property by permission or accommodation of the owner, former owner, or another occupant, except a mineral lessee, owner of a mineral servitude, or a lessee of the owner;

    "Owner" includes a lessee; and

    "Premises" includes the land and all buildings and improvements thereon leased by a tenant, or possessed by an occupant. See Louisiana Code of Civil Procedure 4704

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.

Amended by Acts 1981, No. 713, §1.