Under La. C.C.P. art. 4733, an eviction judgment is executed by applying for a warrant for possession if the tenant does not vacate within 24 hours after the “rendition” of judgment.
“Rendition” occurs when a written judgment is signed.1 Execution of the judgment requires the tenant to remove not only himself and his possessions, but also to deliver the property free of other occupants.2
The warrant for possession typically directs the sheriff, marshal, or constable to immediately execute the eviction judgment. They are allowed to use force to open doors and windows and to seize and sell the property to pay for the costs.3
- 1See Viator v. Heintz, 10 So. 2d 690 (La. 1942); Buras v. Plaquemines Par. Democratic Exec. Comm., 202 So. 2d 678 (La. App. 4 Cir. 1967).
- 2Miles v. Kilgore, 191 So. 556 (La. App. 2 Cir. 1939).
- 3Depending on the jurisdiction, some courts issue the warrant for possession (sometimes called writ of ejection) concurrently with the judgment of eviction. The landlord must wait 24 hours to contact the court to have the peace officer come to the property if the tenant did not vacate. Other jurisdictions require a separate payment from the landlord to the peace officer before the warrant for possession will be executed.