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Art. 3572.Sequestration Before Rent Due

Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 3572 lets a lessor invoking the lessor's privilege sequester property before rent is even due if the lessor has good reason to believe the lessee will remove it, and shifts the costs to the lessor if the rent is paid when it matures.

Full Text of Art. 3572

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A sequestration based upon a lessor's privilege may be obtained before the rent is due, if the lessor has good reason to believe that the lessee will remove the property subject to the lessor's privilege. If the rent is paid when it becomes due, the costs shall be paid by the plaintiff.

Plain-English Summary

The lessor's privilege gives a landlord a real right over property the tenant keeps on the leased premises, securing the rent obligation. That privilege loses its value quickly if the tenant can move the property off the premises before the privilege is enforced, which is exactly the risk Article 3572 addresses.

Rather than waiting for rent to become overdue, a lessor with good reason to believe the lessee will remove property subject to the privilege can sequester it before the rent is even due. This mirrors Article 3543's rule letting attachment issue before a debt matures, applied here to the lessor's privilege specifically.

The same cost-shifting logic applies too. If the rent is paid once it becomes due, meaning the feared removal or default never happened, the lessor bears the costs of the seizure. The early sequestration lets a lessor act on a real risk of losing the property that secures the privilege, without making that preemptive move cost-free if the tenant pays as agreed.

Frequently Asked Questions

Can a landlord sequester a tenant's property before rent is due in Louisiana?

Yes, if the lessor has good reason to believe the lessee will remove the property subject to the lessor's privilege. Article 3572 does not require the rent to be overdue first.

What happens if the tenant pays the rent on time after sequestration?

The lessor pays the costs of the seizure, since Article 3572 shifts those costs to the lessor when the rent is paid once it becomes due.

What is the lessor's privilege this article protects?

A real right the lessor holds over property the lessee keeps on the leased premises, securing the rent obligation, discussed further in Article 3575.

Is this the sequestration equivalent of Article 3543's early attachment rule?

Yes. Both articles let the writ issue before the underlying debt, rent in this case, is due, when there is a real risk of losing what secures the claim, and both shift the seizure costs to the plaintiff if the debt is paid on time.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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