Louisiana Code of Civil Procedure 4731 – Rule to show cause why possession should not be delivered; abandonment of premises; federally declared disasters
Terms Used In Louisiana Code of Civil Procedure 4731
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
A. If the lessee or occupant fails to comply with the notice to vacate required under this Title, or if the lessee has waived his right to notice to vacate by written waiver contained in the lease, and has lost his right of occupancy for any reason, the lessor or owner, or agent thereof, may cause the lessee or occupant to be cited summarily by a court of competent jurisdiction to show cause why he should not be ordered to deliver possession of the premises to the lessor or owner. The rule to show cause shall state the grounds upon which eviction is sought.
B. After the required notice has been given, the lessor or owner, or agent thereof, may lawfully take possession of the premises without further judicial process, upon a reasonable belief that the lessee or occupant has abandoned the premises. Indicia of abandonment include a cessation of business activity or residential occupancy, returning keys to the premises, and removal of equipment, furnishings, or other movables from the premises.
C.(1) In parishes subject to a federal disaster declaration, cessation of residential occupancy shall not be deemed evidence of abandonment pursuant to Paragraph B of this Article for thirty days following the initial declaration of a federally declared disaster.
(2) Failure of the lessor to comply with this Article shall give a residential lessee the right to recover five hundred dollars or twice the amount of the monthly rent, whichever is greater, from the lessor or owner, or from the lessor’s successor in interest. A residential lessee may obtain a restraining order or a preliminary injunction to enforce the provisions of this Article.
(3) The court may award costs and attorney fees to the prevailing party for actions brought pursuant to this Article.
(4) In parishes subject to a federally declared disaster, a court shall not require a residential lessee bringing an action for a temporary restraining order or preliminary injunction under this Article to furnish security as required by Article 3610 for the thirty days following the initial declaration of a federally declared disaster.
(5) Nothing in this Paragraph shall preempt the rights afforded to a lessor in Civil Code Article 2693.
Amended by Acts 1981, No. 713, §1; Acts 1991, No. 684, §1; Acts 2022, No. 442, §1.