How to Delay a Sheriff Lockout During Eviction Appeals in Louisiana

Facing eviction in Louisiana can be a stressful experience, especially if you've lost your case in court but want to challenge the decision. Understanding your rights around delaying—or "staying"—a sheriff lockout during an appeal is crucial for renters hoping to stay in their home while the legal process continues. This guide explains how the stay works, which forms you may need, and connects you with up-to-date official resources so you can make informed decisions as a Louisiana renter.

Understanding Eviction and Sheriff Lockouts in Louisiana

When a landlord wins an eviction lawsuit (known as an "unlawful detainer"), the court will issue a judgment of eviction. If you don't move out, the landlord may ask the court for a Warrant of Possession, which allows the parish sheriff to physically remove you and your belongings. This action is called a sheriff lockout and can happen quickly in Louisiana—sometimes just 24 hours after the judgment¹.

Appealing an Eviction Judgment in Louisiana

If you believe the ruling was incorrect, you have the right to appeal the eviction judgment. However, simply filing an appeal doesn’t always stop the sheriff lockout. For protection while your appeal is being considered, you must formally request a stay of execution—a legal hold that delays the eviction process.

What is a Stay of Execution?

• A "stay of execution" temporarily halts the eviction, stopping the sheriff from locking you out during your appeal.
• Without a granted stay, your appeal likely will not stop the sheriff from proceeding with the lockout.
• The stay usually requires you to post an appeal bond (payment guaranteeing rent and possible damages) and keep up with ongoing rent payments.

How to Request a Stay of Sheriff Lockout During an Appeal

Louisiana law gives renters the option to file a stay when appealing an eviction. You'll need to act quickly—an appeal generally must be filed within 24 hours of the judgment. You will submit your stay request to the same court that issued the eviction order.

Forms and Official Procedures

• Notice of Appeal (No standard statewide form number)
  When to use: To inform the court you are appealing the eviction judgment.
  Example: After losing an eviction case in Orleans Parish Civil District Court, you file a signed Notice of Appeal with the clerk.
  Find local court resources
• Motion for Stay of Execution of Judgment (No standard statewide form number)
  When to use: To request that the court halt the sheriff lockout while your appeal is considered.
  Example: You state your reasons and ask the judge for a stay, often while arranging the required bond and agreeing to pay ongoing rent.
  Louisiana Supreme Court guidance
• Appeal Bond (Set by Court)
  When to use: Most courts require payment of a bond to protect the landlord’s right to rent while your appeal is heard.
  Example: The court sets a bond equal to the rent due for appeal. You pay at the clerk's office before the stay is granted.
  Louisiana State Bar eviction info

Tip: Forms and requirements can vary by parish. Contact your local district or city court for precise instructions and always keep proof of your filings and payments.

Timeline and What to Expect

• You usually have only 24 hours to file both the notice of appeal and the motion for stay after the eviction judgment.
• If the court grants a stay and you pay the bond, the sheriff cannot proceed with the lockout until your appeal is decided.
• Missing a deadline or failing to pay the bond may result in immediate lockout, even if your appeal is pending.

This process moves quickly—being organized and prepared is essential for renters seeking to stay in their home during an eviction appeal.

Louisiana's Key Legislation

All eviction and appeal procedures fall under the Louisiana Code of Civil Procedure Articles 4731–4735 and Articles 4991–5002 (Appeals)².

The official government body handling residential tenancy cases is the Louisiana Supreme Court, and in most cases, your local district, parish, or city court manages eviction cases directly. Detailed instructions and phone numbers are listed on individual court websites or at the Louisiana Courts FAQ page.

Frequently Asked Questions

1. Does appealing my eviction automatically stop a sheriff lockout in Louisiana?
   No. You must file a motion asking the court for a stay of execution, pay the required bond, and continue paying rent to delay a sheriff lockout during your appeal.
2. How fast do I need to act to stay a sheriff lockout after losing my eviction case?
   In most parishes, you need to file your appeal, motion for stay, and pay bond within 24 hours of the judgment.
3. What happens if my stay request is denied?
   If the court denies your stay, the sheriff may carry out the lockout immediately or after any brief additional waiting period allowed by law.
4. Can I get the court fees or appeal bond waived if I can't afford them?
   You may be able to file "in forma pauperis" to request a fee waiver. The court decides eligibility based on income and documentation.

Conclusion: Key Takeaways for Louisiana Renters

• To delay a sheriff lockout during an eviction appeal, you must file a motion for stay and pay any bond the court requires—there are tight deadlines!
• Laws and deadlines vary by parish—always check with your local court and seek legal advice if possible.
• Use official resources to understand your options and never ignore court notices or deadlines.

Understanding the stay process can give renters a critical chance to remain housed while their appeal is reviewed. Acting quickly and accessing official resources improves your chances of success.

Need Help? Resources for Renters

• Louisiana State and Local Courts Directory: Find your district or city court for eviction and appeal filing instructions.
• Louisiana State Bar Association — Renters' Rights and Evictions: Free legal information and pamphlets.
• Louisiana Civil Justice Center: Statewide help for tenants facing eviction or legal questions.
• For direct legal help, search for "legal aid Louisiana eviction" or call your parish court for local free or low-cost attorney options.

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1. Louisiana Code of Civil Procedure Art. 4731–4735 (Eviction, Possessory Actions)
2. Louisiana Appeal Procedures (Articles 4991–5002)

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