Wrongful Eviction
Louisiana law requires landlords to use the courts to remove tenants. A landlord who takes matters into their own hands — by changing locks, removing belongings, or cutting off utilities — commits a wrongful eviction. The tenant may sue for damages under Louisiana Civil Code article 2315.
What Is Wrongful Eviction?
Section titled “What Is Wrongful Eviction?”Wrongful eviction occurs when a landlord uses “self-help” to force a tenant out rather than following the legal eviction process. Louisiana Civil Code article 2682 establishes the landlord’s obligation to ensure the tenant’s peaceful possession of the property.
Common Forms of Self-Help
Section titled “Common Forms of Self-Help”Illegal self-help evictions include:
Lockouts: Changing the locks, barring entry, or blocking access to the property without a court order.
Removal of Property: Taking the tenant’s belongings out of the premises or putting them on the curb.
Utility Cutoffs: Disconnecting electricity, gas, water, or other essential services to make the property uninhabitable.
Removal of Doors or Windows: Making the property insecure or uninhabitable.
Harassment: Repeated actions intended to force the tenant to leave, such as constant inspections, threats, or interference with the tenant’s use.
The Legal Standard
Section titled “The Legal Standard”The landlord has a duty to deliver the property to the tenant in good condition and to maintain it in a condition suitable for the purpose for which it was leased. More importantly, the landlord is required to ensure the tenant’s “peaceable possession” — the right to occupy without interference.
Only a court can authorize the removal of a tenant. The warrant of possession, issued after an eviction judgment, gives the constable — not the landlord — authority to physically remove the tenant and their belongings.
Damages Available
Section titled “Damages Available”A tenant who has been wrongfully evicted may recover damages including:
Actual Damages
Section titled “Actual Damages”- Hotel or temporary housing costs — The expense of finding somewhere else to stay
- Lost or damaged property — Value of belongings removed, destroyed, or stolen
- Moving expenses — Costs of relocating belongings
- Spoiled food — Loss from refrigerator contents when utilities are cut
- Medical expenses — If the eviction caused or aggravated health conditions
- Lost wages — Time missed from work dealing with the eviction
Additional Damages
Section titled “Additional Damages”Depending on the circumstances, a tenant may also recover:
- Emotional distress — Mental anguish from being illegally put out
- Punitive damages — If the landlord acted with particular malice or recklessness
- Attorney fees — If provided by lease or statute
What JP Court Can and Cannot Do
Section titled “What JP Court Can and Cannot Do”Justice of the Peace Courts can hear wrongful eviction cases, but with significant limitations:
JP Court CAN Award
Section titled “JP Court CAN Award”- Money damages up to $5,000
- Compensation for hotel stays, lost property, and other actual losses
- Court costs
JP Court CANNOT
Section titled “JP Court CANNOT”- Order the landlord to let the tenant back in — A possessory action for immovable property is beyond JP jurisdiction
- Award damages exceeding $5,000
- Issue injunctions against the landlord (except to enforce its own judgments)
This is a critical point: if a tenant wants to regain possession of the property, filing a possessory action in district court is required. The JP can only award money damages for the wrongful eviction.
Filing a Wrongful Eviction Claim
Section titled “Filing a Wrongful Eviction Claim”A tenant who has been wrongfully evicted may:
Document Everything
Section titled “Document Everything”- Take photographs of changed locks, removed property, or utility shutoffs
- Get written statements from witnesses
- Keep all receipts for temporary housing, moving costs, and other expenses
- Save text messages or emails from the landlord
- Request utility records showing who ordered the disconnection
Act Quickly
Section titled “Act Quickly”While there is no specific deadline for filing a wrongful eviction claim in JP court, evidence becomes harder to gather over time, and witnesses’ memories fade. File promptly.
File the Claim
Section titled “File the Claim”The claim typically states:
- The existence of a valid lease or tenancy
- The specific wrongful actions the landlord took
- The date and circumstances of the wrongful eviction
- The damages suffered and amounts claimed
Serve the Landlord
Section titled “Serve the Landlord”After filing, the constable serves the landlord with the petition and citation. The case proceeds like any other civil matter in JP court.
Landlord Defenses
Section titled “Landlord Defenses”A landlord may defend against a wrongful eviction claim by showing:
Abandonment: The tenant had clearly abandoned the property — removing belongings, stopping rent payments, and showing no intent to return.
No Tenancy: The person claiming eviction was never a tenant — for example, a trespasser or a guest whose permission to stay had ended.
Consent: The tenant agreed to the actions taken — though this defense is rarely successful if the agreement was coerced.
Emergency: An emergency required immediate action to protect the property — though even emergencies do not excuse permanent removal of the tenant.
Recovering Possession
Section titled “Recovering Possession”As noted above, JP court cannot order a landlord to restore possession. A tenant seeking to return to the property must:
- File a possessory action in district court — This is the proper venue for claims to possession of immovable property
- Seek injunctive relief — District court can order the landlord to allow the tenant back in
- Consider the practical situation — Even if legally entitled to possession, returning to a property after conflict with the landlord may not be advisable
Many wrongfully evicted tenants choose to find new housing and sue only for damages rather than attempt to return.
Landlord Considerations
Section titled “Landlord Considerations”- Following the legal process — Notice to vacate, petition, rule to show cause, trial, judgment, warrant of possession
- Waiting for the warrant — Only the constable, acting under a warrant of possession, may physically remove a tenant
- Documenting the tenant’s departure — When a tenant leaves voluntarily, get it in writing
- Securing abandoned property properly — Follow abandonment procedures carefully
The eviction process through JP court is relatively quick — often just a few weeks from filing to warrant. The risks of self-help far outweigh any time saved.
Tenant Considerations
Section titled “Tenant Considerations”- Keeping copies of the lease and all correspondence is recommended
- Documenting the condition of the property regularly is advisable
- Knowing the landlord’s contact information is important
- Maintaining records of all rent payments is essential
- If locked out, calling the police may be appropriate — illegal lockout may be a crime
Key Points
Section titled “Key Points”- Self-help eviction is illegal in Louisiana
- JP court can award damages but cannot restore possession
- Only a constable with a warrant can physically remove a tenant
- Document everything if wrongfully evicted
- The legal eviction process protects both landlords and tenants
Related Topics
Section titled “Related Topics”- Eviction Proceedings — The legal eviction process
- Eviction Defenses — Defenses to eviction
- Civil Suits — Civil claim procedures