The judgment of eviction must be rendered “immediately” after the trial of the rule.1 Technically it is improper for the court to take a summary proceeding under advisement.2 The fact that an eviction judgment is not “final” because it was taken under advisement is not grounds to dismiss an appeal timely filed after rendition.3 The judgment must be in writing.4
Notice of the judgment must be given to the tenant.5 The judgment of eviction against the tenant is also binding on sublessees.6 The judgment of eviction is effective for at least 90 days.7
Generally, the three types of judgments that might be issued are (1) a judgment of possession in favor of the landlord; (2) a dismissal in favor of the tenant; or (3) a consent judgment in which the parties agree to a payment plan, extended move out, or other set of mutually agreeable terms. A consent judgment is especially helpful in the case of federally subsidized tenants who may be at risk of losing their assistance if a judgment of possession issues.
- 1La. C.C.P. art. 4732.
- 2La. C.C.P. art. 2595.
- 3Versailles Arms Apartments v. Granderson, 377 So. 2d 1359, 1362 (La. App. 4 Cir. 1979).
- 4La. C.C.P. arts. 1911, 4923.
- 5La. C.C.P. arts. 1913, 4905, 4922.
- 6Scott v. Kalip, 197 So. 205 (La. App. 2 Cir. 1940); Miles v. Kilgore, 191 So. 556 (La. Ap. 2 Cir. 1939).
- 7La. C.C.P. art. 4732.