9.2 Abandonment

Self-help or nonjudicial eviction is permissible if the landlord can prove that the tenant abandoned the premises.1  Abandonment is a factual determination that requires proof of both “an act of abandonment and a specific intent to abandon.”2  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.3

A landlord may be liable if the wrongful eviction preceded the completion of the act of abandonment.4

• 1La. C.C.P. 4731(B).
• 2Indulge Island Grill, L.L.C. v. Island Grill, L.L.C., 2016-1133 (La. App. 4 Cir. 05/10/17), 220 So. 3d 154, 159.
• 3La. C.C.P. art. 4731(B); Ringham v. Computerage of New Orleans, Inc., 539 So. 2d 864 (La. App. 4 Cir. 1989) (finding abandonment where tenant having loaded the contents of part of the leased premises onto a moving van and moving the contents from the remainder of the premises); Bunel of New Orleans, lnc. v. Cigali, 348 So. 2d 993 (La. App. 4 Cir. 1977) (finding that where leased premises were empty and there was no response to the landlord’s notices, the landlord could assume the premises were abandoned); Scott v. MAC-RE, LLC, 16-224 (La. App. 3 Cir. 02/08/17), 211 So. 3d 693, 698–99 (finding abandonment where there was nothing of value left in the apartment, water and electricity were shut off, there was rotten food in the freezer, tenant admitted to having secured another unit, and the landlord did not see the tenant for two months); Lebeau v. Saxon Mortg. Servs., 2018-0199 (La. App. 4 Cir. 04/17/19), 269 So. 3d 970, 975 (finding abandonment where electricity and gas was turned off, furniture and major appliances were removed, and Sheriff’s records showed the property was vacant); 745 Olive St., L.L.C. v. Optimal Wellness, LLC, 54,778 (La. App. 2 Cir. 11/16/22), 351 So. 3d 890, 894 (indicia of abandonment were satisfied where furniture and equipment was removed, keys were left on the counter, and a sign appeared on the door referring to closure of business). But see Porter v. Johnson, 369 So. 2d 1141 (La. App. 1 Cir. 1979) (finding that there was no abandonment where various items of considerable value were left at a leased camp); Capers v. Northpro Props. Mgmt., LLC, 53919 (La. App. 2 Cir. 05/05/21), 321 So. 3d 502, 513 (finding there was no abandonment where utilities remained active, numerous belongings remained in the house, and in the days leading up to repossession tenant’s children were seen at the house).
• 4Mansur v. Cox, 2004-CA-0140 (La. App. 1 Cir. 12/30/04), 898 So. 2d 446 (landlord fired weapon at moving truck while tenant was in the process of moving).