La. Code Civ. Proc. § Art. 4735
Appeal; bond
Operative Text
Art. 4735. Appeal; bond 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.
Under Louisiana Code of Civil Procedure Art. 4735, an appeal of an eviction judgment does not automatically pause the eviction process. To halt execution of the judgment while an appeal is pending, the tenant must have filed a sworn answer raising an affirmative defense, applied for the appeal, and posted an appeal bond—all within twenty-four hours of the eviction judgment being rendered. The court sets the bond amount at a level sufficient to cover any damages the landlord might suffer as a result of the appeal delay.
Plain English — not legal advice.
Louisiana Code of Civil Procedure Art. 4735 provides landlords with meaningful protection when a tenant appeals an eviction judgment. Unless the tenant met all three conditions—a sworn answer with an affirmative defense, a timely appeal application, and a bond posted within twenty-four hours—the eviction judgment remains enforceable during the appeal. Compliant operators generally track whether those procedural requirements were satisfied before assuming the eviction process has been suspended.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Art. 4735 of the Louisiana Code of Civil Procedure outlines a narrow window for tenants who wish to stay in their home while appealing an eviction judgment. To suspend the eviction, a tenant must have answered the original rule under oath with an affirmative defense, applied for the appeal, and filed an appeal bond within twenty-four hours of the judgment—missing any of these steps means the eviction can proceed. Tenants who believe they may qualify for a suspensive appeal may wish to consult a tenant-rights organization or legal aid provider familiar with Louisiana eviction procedure to understand the available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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