9.3 Post-Disaster Extra-Judicial Evictions

In the post-Katrina context, a court has found that a landlord was not liable for wrongful eviction where a natural disaster rendered the apartment uninhabitable and the landlord disposed of the tenant’s property after good faith efforts to contact him.1  However, as of August 1, 2022, absence from the unit cannot be relied upon as an “indicia of abandonment” for the first 30 days after a declared disaster.2  Failure to comply with this article may subject a landlord to costs, attorney’s fees, and a statutory penalty of twice the monthly rent should the tenant be forced to sue for wrongful eviction.3  In addition, should a tenant need to file a petition for injunctive relief to obtain a temporary restraining order or preliminary injunction in order to secure access to the unit in the 30 days after a named disaster, the security bond is waived.4

  • 1Strickland v. Gordon, 2009-CA-0856 (La. App. 4 Cir. 03/03/10), 33 So. 3d 368.
  • 2La. C.C.P. art 4731(c).
  • 3La. C.C.P. art 4731(c)(2)–(3). Arguably the penalties outlined in this article could apply to any violation of Article 4731, i.e., any wrongful eviction action.
  • 4La. C.C.P. art. 4731(c)(4).

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.