Abandoned Properties

After a notice of termination or a notice to vacate has been delivered, a landlord may lawfully take possession of the premises without further judicial process upon a reasonable belief that the tenant/occupant has abandoned the premises.

In making the factual determination of whether a leased premises has been abandoned, courts in Louisiana apply "a two-part test, requiring proof of both (1) an act of abandonment and (2) a specific intent to abandon." Certain indicators of abandonment used in this two-part test include:

· A cessation of business activity or residential occupancy

· Returning the keys to the premises

· Removing equipment, furnishings, or other movables from the premises

Louisiana courts have consistently held that "[i]n determining whether an abandonment has occurred, there must be a showing that the lessee voluntarily relinquished the premises and intended to terminate without vesting ownership in another."