Eviction Appeals
Appealing an eviction judgment in Louisiana differs significantly from appealing other civil judgments. The law imposes a strict 24-hour deadline and specific procedural requirements that must be met to suspend execution of the eviction.
The 24-Hour Rule
Section titled “The 24-Hour Rule”An eviction appeal does not automatically suspend execution of the judgment. Unlike most civil appeals, an eviction judgment takes effect immediately after rendition. If the tenant does not comply within 24 hours, the court must issue a warrant of possession.
Critical Timeline
Section titled “Critical Timeline”| Event | Deadline |
|---|---|
| Judgment rendered | Clock starts |
| Tenant must vacate (if no appeal) | 24 hours after judgment |
| Suspensive appeal must be applied for | Within 24 hours after judgment |
| Appeal bond must be filed | Within 24 hours after judgment |
| Warrant of possession issues | Immediately after 24-hour period expires |
Types of Eviction Appeals
Section titled “Types of Eviction Appeals”Suspensive Appeal
Section titled “Suspensive Appeal”A suspensive appeal stops execution of the eviction judgment while the appeal is pending. The tenant may remain on the premises during the appeal. However, to obtain a suspensive appeal, the tenant must satisfy all three requirements:
- Answered Under Oath — The tenant must have filed an answer to the rule under oath (not just orally at trial)
- Affirmative Defense — The answer must plead an affirmative defense that, if proven, would entitle the tenant to retain possession
- Bond Within 24 Hours — The tenant must apply for appeal and file the appeal bond within 24 hours after the judgment is rendered
All three requirements must be met. Missing any one means the appeal cannot suspend the eviction.
Devolutive Appeal
Section titled “Devolutive Appeal”A devolutive appeal does not stop execution of the judgment. The eviction proceeds, the tenant must vacate, and the appeal continues separately. If the tenant ultimately wins on appeal, the remedy would be monetary damages — not restoration of possession from JP court.
For eviction cases, a devolutive appeal has limited practical value since the tenant loses possession immediately.
Requirements for Suspensive Appeal
Section titled “Requirements for Suspensive Appeal”Answer Under Oath
Section titled “Answer Under Oath”The tenant must have answered the rule to show cause in writing, under oath, before the trial. An oral defense raised at trial does not satisfy this requirement.
The answer must be sworn — typically notarized or made before the clerk of court. Simply filing a written response without the oath is insufficient.
Affirmative Defense
Section titled “Affirmative Defense”The sworn answer must plead an affirmative defense that would entitle the tenant to keep possession. Examples of qualifying affirmative defenses include:
- Payment — Rent was paid before the petition was filed
- Improper Notice — The landlord failed to give required notice to vacate
- Waiver — The landlord accepted rent after serving notice, waiving the eviction
- Breach of Warranty — The landlord’s breach of the warranty of habitability excuses the tenant’s nonpayment
- Retaliation — The eviction is in retaliation for protected tenant activity
- Discrimination — The eviction violates the Fair Housing Act
Simply denying the landlord’s allegations is not an affirmative defense.
Appeal Bond
Section titled “Appeal Bond”The appeal bond amount is set by the court in an amount sufficient to protect the landlord against all damages that may result from the delay caused by the appeal. Factors the court considers include:
- Monthly rental value of the property
- Expected duration of the appeal
- Potential damage to the property
- Other foreseeable losses
The bond must be filed within 24 hours of judgment — not 24 hours after the bond amount is set. If the court does not immediately set the bond amount, the tenant should request it be set at the time of judgment.
Appeal Process
Section titled “Appeal Process”Filing the Appeal
Section titled “Filing the Appeal”Appeals from JP court eviction judgments go to the parish court or, if there is no parish court, to the district court of the parish where the JP court is located.
Trial De Novo
Section titled “Trial De Novo”The appeal is tried de novo — as a new trial. The appellate court is not limited to reviewing the JP court record but hears the case fresh. Both parties may present evidence and witnesses.
The district court is not bound by the JP court’s $5,000 jurisdictional limit when hearing the de novo trial.
No Further Appeal
Section titled “No Further Appeal”There is no further appeal from the district court’s judgment on an eviction appeal. The district court’s decision is final. However, the court of appeal retains supervisory jurisdiction over the proceedings.
Execution of Judgment
Section titled “Execution of Judgment”If the tenant does not comply with the judgment of eviction within 24 hours, or if the tenant fails to perfect a suspensive appeal, the court issues a warrant of possession.
Warrant of Possession
Section titled “Warrant of Possession”The warrant commands the constable (or sheriff or marshal) to deliver possession of the premises to the landlord. This is the only lawful way for a landlord to physically remove a tenant — self-help eviction is prohibited.
Execution Requirements
Section titled “Execution Requirements”The constable executes the warrant by:
- Two Witnesses — The warrant must be executed in the presence of two witnesses
- Clearing the Premises — Removing any property from the premises to deliver possession to the landlord
- Forced Entry if Necessary — Breaking open locked windows, doors, or gates when necessary to gain entry
Return of Warrant
Section titled “Return of Warrant”After execution, the constable files a return with the court documenting the execution. The witnesses should also sign the return.
Judgment Validity
Section titled “Judgment Validity”An eviction judgment remains effective for not less than 90 days. If the tenant returns after being removed under a warrant of possession, the landlord may use the same judgment to obtain another warrant without filing a new eviction proceeding.
Practical Considerations
Section titled “Practical Considerations”For Tenants
Section titled “For Tenants”- Filing a sworn answer before trial is essential if appeal may be needed
- The 24-hour deadline is strict — courts do not grant extensions
- Having funds available for the bond before trial is advisable
- A devolutive appeal will not prevent removal from the premises
- Consulting with an attorney before trial is recommended if planning to appeal
For Landlords
Section titled “For Landlords”- If the tenant did not file a sworn answer, a suspensive appeal is not available
- Requesting the court set bond amount at time of judgment expedites the process
- If no appeal is filed within 24 hours, request the warrant immediately
- The 90-day judgment validity period allows for re-execution if needed
- Documenting all damages for potential bond forfeiture claims is advisable
Comparison with Civil Appeals
Section titled “Comparison with Civil Appeals”| Feature | Eviction Appeal | Civil Appeal |
|---|---|---|
| Deadline | 24 hours | 15 days |
| Suspensive Bond | Required within 24 hrs | Required within 15 days |
| Oath Requirement | Yes (sworn answer) | No |
| Trial on Appeal | De novo | De novo |
| Further Appeal | None | None |
| Bond Amount | Court’s discretion | 1.5x judgment (typically) |
Related Topics
Section titled “Related Topics”- Eviction Proceedings — The eviction process
- Eviction Defenses — Affirmative defenses
- Civil Suits Overview — Civil jurisdiction and appeals