Locked Out by the Landlord
La. C.C.P. art. 4731 — without a court's judgment, a lessor takes possession only of a home reasonably believed abandoned
The lessor is bound to protect the tenant's peaceful possession for the length of the lease, and regains possession after unpaid rent only in the manner provided by law, which is the eviction procedure.
Abandonment is the one exception. After the required notice, a lessor may take possession without further court process only on a reasonable belief that the tenant has abandoned the home. Signs of abandonment include the end of residential occupancy, returning the keys, and removing the furnishings.
- In a parish under a federal disaster declaration, leaving the home is not treated as abandonment for 30 days after the declaration.
- A lessor's failure to comply with the article gives a residential tenant the right to $500 or twice the monthly rent, whichever is greater.
- The tenant may get a restraining order or preliminary injunction to enforce it, and the court may award costs and attorney fees.
The money remedy is written into the article's paragraph on federally declared disasters, and how far it reaches is for a court. A particular lockout is a question for a licensed Louisiana attorney.
Sources for this section (3)
- La. C.C. art. 2682 — The lessor's principal obligations
- La. C.C. art. 2704 — Nonpayment of rent
- La. C.C.P. art. 4731 — Rule to show cause why possession should not be delivered; abandonment of premises; federally declared disasters
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.