An appeal does not suspend execution of a judgment of eviction unless the defendant has answered the rule under oath, pleading an affirmative defense entitling him to retain possession of the premises, and the appeal has been applied for and the appeal bond filed within twenty-four hours after the rendition of the judgment of eviction. The amount of the suspensive appeal bond shall be determined by the court in an amount sufficient to protect the appellee against all such damage as he may sustain as a result of the appeal.
Art. 4735.Appeal; Bond
Book VII. Special Proceedings · Title XI. Eviction of Tenants and Occupants · Chapter 2. Procedure · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4735 lets an appeal suspend an eviction judgment only if the defendant answered the rule under oath with an affirmative defense to possession and both applied for the appeal and filed a suspensive appeal bond within twenty-four hours of judgment, with the bond amount set by the court to cover the appellee's likely damages from the delay.
Full Text of Art. 4735
Plain-English Summary
Filing an appeal does not, by itself, stop an eviction judgment from being enforced. Article 4735 keeps that default rule firmly in place: the lessor or owner may proceed to a warrant for possession under Article 4733 even while an appeal is pending, unless the defendant meets specific conditions within a tight window.
Those conditions are narrow by design. The defendant's answer to the rule must have been made under oath and must have pleaded an affirmative defense entitling the defendant to retain possession, not merely a denial of the lessor's allegations. On top of that, the defendant has to both apply for the appeal and file the appeal bond within twenty-four hours after the judgment of eviction is rendered, the same tight window that governs voluntary compliance under Article 4733.
When those conditions are met, the appeal suspends execution, but only after the court sets a bond amount sufficient to protect the appellee, the party who won the judgment below, against the damages a suspensive appeal might cause, such as continued occupancy of the premises while the appeal is decided.
Frequently Asked Questions
Does appealing a Louisiana eviction judgment stop the eviction from happening?
Not automatically. Article 4735 lets an appeal suspend execution only when specific conditions about the answer, the timing, and a bond are all met.
What must a tenant do to suspend an eviction judgment on appeal?
Answer the rule under oath with an affirmative defense entitling the tenant to retain possession, and both apply for the appeal and file the appeal bond within twenty-four hours of the judgment.
How is the amount of a suspensive appeal bond set in a Louisiana eviction case?
The court determines the amount, sized to protect the appellee against the damages the appeal's delay might cause.
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: appeal of eviction judgment LouisianaArticle 4735 Louisianasuspensive appeal bond eviction Louisianadoes appeal stop an evictionaffirmative defense to eviction Louisiana