Art. 4731.Rule to Show Cause Why Possession Should Not Be Delivered; Abandonment of Premises; Federally Declared Disasters
Book VII. Special Proceedings · Title XI. Eviction of Tenants and Occupants · Chapter 2. Procedure · Last amended 2022 · Last verified July 30, 2026
In one sentenceArticle 4731 lets a lessor or owner summon a lessee or occupant who ignored the notice to vacate, or who waived notice and lost the right to occupy, to show cause why possession should not be delivered, lets the lessor retake abandoned premises without going to court at all, and adds tenant-protective rules for residential leases in parishes under a federal disaster declaration.
A. If the lessee or occupant fails to comply with the notice to vacate required under this Title, or if the lessee has waived his right to notice to vacate by written waiver contained in the lease, and has lost his right of occupancy for any reason, the lessor or owner, or agent thereof, may cause the lessee or occupant to be cited summarily by a court of competent jurisdiction to show cause why he should not be ordered to deliver possession of the premises to the lessor or owner. The rule to show cause shall state the grounds upon which eviction is sought.
B. After the required notice has been given, the lessor or owner, or agent thereof, may lawfully take possession of the premises without further judicial process, upon a reasonable belief that the lessee or occupant has abandoned the premises. Indicia of abandonment include a cessation of business activity or residential occupancy, returning keys to the premises, and removal of equipment, furnishings, or other movables from the premises.
C.
(1)In parishes subject to a federal disaster declaration, cessation of residential occupancy shall not be deemed evidence of abandonment pursuant to Paragraph B of this Article for thirty days following the initial declaration of a federally declared disaster.
(2)Failure of the lessor to comply with this Article shall give a residential lessee the right to recover five hundred dollars or twice the amount of the monthly rent, whichever is greater, from the lessor or owner, or from the lessor's successor in interest. A residential lessee may obtain a restraining order or a preliminary injunction to enforce the provisions of this Article.
(3)The court may award costs and attorney fees to the prevailing party for actions brought pursuant to this Article.
(4)In parishes subject to a federally declared disaster, a court shall not require a residential lessee bringing an action for a temporary restraining order or preliminary injunction under this Article to furnish security as required by Article 3610 for the thirty days following the initial declaration of a federally declared disaster.
(5)Nothing in this Paragraph shall preempt the rights afforded to a lessor in Civil Code Article 2693.
Article 4731 opens Chapter 2 with the rule to show cause, the mechanism that drives Louisiana's entire expedited eviction process. Once a lessee or occupant has failed to comply with a notice to vacate, or has waived the right to that notice under a lease and lost the right of occupancy for any reason, the lessor or owner, or an agent, may have that person summarily cited into court to show cause why possession should not be delivered. The rule itself has to state the grounds on which eviction is sought, so the tenant or occupant knows exactly what is being asserted before the hearing.
Paragraph B adds a shortcut that bypasses court process altogether. After the required notice has been given, a lessor or owner who reasonably believes the lessee or occupant has abandoned the premises may lawfully retake possession without any further judicial process. The article lists indicators of abandonment as examples: a cessation of business activity or residential occupancy, keys returned to the premises, and equipment, furnishings, or other movables removed from the property.
Paragraph C then narrows the abandonment shortcut for residential tenants in parishes hit by a federally declared disaster. For thirty days following the initial disaster declaration, a residential tenant's absence alone does not count as evidence of abandonment, protecting displaced residents from losing their home while away because of the disaster. A lessor who violates that protection owes the tenant the greater of five hundred dollars or twice the monthly rent, and the tenant can seek a temporary restraining order or preliminary injunction to enforce it, without having to furnish the security Article 3610 would otherwise require, during that same thirty-day window. The court may award costs and attorney fees to whichever side prevails, and the article confirms it does not preempt a lessor's separate rights under the Civil Code.
Frequently Asked Questions
What is a rule to show cause in a Louisiana eviction?
A summary citation ordering a lessee or occupant who has not complied with a notice to vacate to appear and explain why possession of the premises should not be delivered to the lessor or owner.
Can a Louisiana landlord retake a rental unit without going to court?
Yes, if the required notice has been given and the landlord reasonably believes the premises have been abandoned, based on indicators like a returned key or removed furnishings.
What counts as abandonment of leased premises under Louisiana law?
Article 4731 lists a cessation of business activity or residential occupancy, keys returned to the premises, and removal of equipment, furnishings, or other movables as indicators supporting a reasonable belief of abandonment.
How does a federally declared disaster change Louisiana's abandonment rules?
For thirty days after the disaster declaration, a residential tenant's absence from the parish alone cannot be treated as abandonment, and a violating lessor owes the tenant a statutory penalty.
Can a tenant get a restraining order without posting security during a disaster-related dispute?
Yes. Article 4731 waives the security a residential tenant would otherwise have to furnish for a restraining order or preliminary injunction under Article 3610, for thirty days after a federal disaster declaration in that parish.
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
Also known as:rule to show cause eviction LouisianaArticle 4731 Louisianaabandonment of leased premises Louisianafederally declared disaster eviction protectionsretaking abandoned property Louisiana landlord