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Louisiana · What this letter means

You got a Louisiana notice to vacate after a sheriff's sale: what it means

After a sheriff's sale, Louisiana law treats you as an occupant, not an owner. The buyer must deliver a written notice to vacate that gives you 5 days to leave. It is not a court order. If you stay, the buyer must go to court, or ask the clerk for a writ of possession.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The buyer at the sheriff's sale, often the lender, or its agent
What it starts
5 days from delivery, after which the buyer can ask a court to evict you
Do this first
Write down the day it was delivered or posted, and call legal aid

What this document is in Louisiana

La. C.C.P. art. 4704 says an "occupant" includes a former owner. When an owner wants to evict an occupant, art. 4702 says it must first deliver a written notice to vacate that allows the occupant 5 days from delivery to leave.

If the home is abandoned or closed, or the buyer cannot find you, the notice can be attached to a door of the home, and that counts the same as handing it to you (La. C.C.P. art. 4703).

What it does and does not mean

  • It is not a court order. No one can remove you based on this notice alone.
  • If you stay past the 5 days, the buyer can file a rule to show cause for eviction in court (La. C.C.P. art. 4731).
  • The buyer has another route. Once it has paid, received the sheriff's act of sale and the writ has been returned, it can ask the clerk for a writ of possession that tells the sheriff to put it in possession (La. R.S. 13:4346).
  • We did not find any Louisiana law that lets you buy the home back after a mortgage foreclosure sheriff's sale.

How to count the 5 days

  • Day 1 is the day after delivery. The day it was delivered does not count (La. C.C.P. art. 5059).
  • Because the period is less than 7 days, legal holidays are not counted. Sundays are always legal holidays in Louisiana, and in some parishes every Saturday is too (La. R.S. 1:55).
  • If the notice was attached to your door, it counts from that day.
  • Ask legal aid to check your count, because the exact holiday rules vary by parish.

What to do this week

  • Decide whether you can move. Talk with the buyer about more time or help with moving costs, and get any deal in writing.
  • Ask the clerk of court for the sheriff's return, which shows the sale price and how the money was paid out (La. C.C.P. art. 2343). Money left after costs and liens belongs to you (La. C.C.P. art. 2373). See Louisiana foreclosure surplus funds.
  • If you rent the home from the former owner, tell legal aid. Tenants have separate rights.
  • Call legal aid through the Louisiana State Bar Association Find Legal Help directory, and read after a foreclosure sale in Louisiana.

Common questions

Do I have to be out in 5 days after a Louisiana sheriff's sale?

The notice gives you 5 days from delivery (La. C.C.P. art. 4702), but it is not an order. If you stay, the buyer must get a judgment of eviction from a court or a writ of possession from the clerk before the sheriff or marshal can remove you.

Do weekends count in the Louisiana 5-day notice to vacate?

Legal holidays do not count in a period of less than 7 days (La. C.C.P. art. 5059). Sundays are legal holidays everywhere in Louisiana, and Saturdays are in some parishes (La. R.S. 1:55). Ask legal aid how this applies in your parish.

Can I buy my Louisiana home back after the sheriff's sale?

We did not find any Louisiana law that gives a right to redeem after a mortgage foreclosure sale. The adjudication transfers your rights to the buyer. Your last chance to stop the sale by paying was before the adjudication (La. C.C.P. art. 2340).

Other Louisiana letters

Sources

  1. La. C.C.P. art. 4702, Notice to occupant to vacate
  2. La. C.C.P. art. 4703, Delivery when premises abandoned or closed
  3. La. C.C.P. art. 4704, Definitions (occupant includes former owner)
  4. La. C.C.P. art. 4731, Rule to show cause
  5. La. R.S. 13:4346, Writ of possession for purchaser
  6. La. C.C.P. art. 5059, Computation of time
  7. La. R.S. 1:55, Legal holidays
  8. La. C.C.P. art. 2343, Sheriff's return after sale
  9. La. C.C.P. art. 2373, Distribution of proceeds of sale

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