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Justice of the Peace

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.

CC 2682CCP 4701

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.

CC 2692CC 2693
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.

CC 2682

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.

CCP 4733CCP 4734

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
CC 2315

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
CCP 4911

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)
CCP 4913

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 wrongful eviction claim filed in JP court 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

After filing, the constable serves the landlord with the petition and citation. The case proceeds like any other civil matter in JP court.

CCP 4921

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”

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, which is the proper venue for claims to possession of immovable property. District court may order the landlord to allow the tenant back in through injunctive relief.

CCP 3655
Section titled “Related Topics”