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. Appeals are heard de novo in the district court, with no further appeal allowed.

View Eviction of Tenants and Occupants +

The 24-Hour Rule

An eviction appeal does not automatically suspend execution of the judgment. 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.

CCP 4733

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

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:

1. Answered Under Oath — The defendant must have answered the rule under oath
2. Affirmative Defense — The answer must plead an affirmative defense that, if proven, would entitle the tenant to retain possession
3. 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. The statute provides no mechanism for extending the 24-hour deadline.

CCP 4735

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

Answer Under Oath

The defendant must have answered the rule under oath.

CCP 4735

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

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.

CCP 4735

Appeal Process

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.

CCP 4924

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.

CCP 4924

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.

CCP 4924

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

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.

CCP 4733

Execution Requirements

The constable executes the warrant by:

1. Two Witnesses — The warrant must be executed in the presence of two witnesses
2. Clearing the Premises — Removing any property from the premises to deliver possession to the landlord
3. Forced Entry if Necessary — Breaking open locked windows, doors, or gates when necessary to gain entry

CCP 4734

Return of Warrant

After execution, the constable files a return with the court documenting the execution.

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.

CCP 4732

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)

CCP 4735CCP 4924CCP 4925

Related Topics

• Eviction Proceedings — The eviction process
• Eviction Defenses — Affirmative defenses
• Civil Suits Overview — Civil jurisdiction and appeals