Louisiana

Louisiana Landlord Tenant Key Rules

Official Louisiana Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No maximum. 1-2x monthly rent is common in other states.
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	No statute
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No staute
Deadline for Returning Security Deposit:	1 month La. Stat. tit. 9 § 3251
Permitted Uses of the Deposit:	Remedy tenant’s default or wear beyond normal wear and tear. La. Stat. tit. 9 § 3251
Security Deposit can be Withheld:	Yes La. Stat. tit. 9 § 3251
Require Written Description/Itemized List of Damages and Charges:	Yes La. Stat. tit. 9 § 3251
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	No statute
Failure to Comply:	If landlord fails to comply with La. Stat. tit. 9 § 3251, the tenant can recover the portion that was wrongfully retained plus $300 or 2x the amount of the wrongfully retained portion (whichever is greater.) La. Stat. tit. 9 § 3252

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	At the beginning of the term unless otherwise stated in the lease agreement. La. Civ. Code art. 2703
Payment Methods:	No statute
Rent Increase Notice:	No staute. It’s common to give 30-day notice in this case.
Late Fees:	No statute, however, they must be stated in the lease. Attorney General’s Guide to Louisiana’s Landlord & Tenant Laws Pg 12
Application Fees:	No statute
Prepaid Rent:	No specific statute. In this case I would refer to the security deposit statute La. Stat. tit. 9 § 3251
Returned Check Fees:	$25 or 5% of the value of the check (whichever is greater.) La. Stat. tit. 9 § 2782
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute
Tenant Allowed to Repair and Deduct Rent:	Yes La. Civ. Code art. 2694
Self-Help Evictions:	The landlord may be liable for wrongful eviction. Attorney General’s Guide to Louisiana’s Landlord & Tenant Laws Pg 29
Landlord Allowed to Recover Court and Attorney’s Fees:	If a dispute arises from unpaid rent, the tenant is liable for attorney fees. La. Stat. tit. 9 § 3259
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Yes La. Stat. tit. 9 § 3260

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	Fixed-term leases simply expire at the end of the term without need of notice. La. Civ. Code art. 2720
Notice to Terminate a Periodic Lease – Week-to-week:	5-day notice before the end of the period. La. Civ. Code art. 2728(3)
Notice to Terminate a Periodic Lease – Month-to-Month:	10-day notice before the end of the month. La. Civ. Code art. 2728(2)
Notice to Terminate Lease due to Sale of Property:	No statute
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	5-day notice La. Code Civ. Proc. art. 4701
Notice for Lease Violation:	5-day notice La. Code Civ. Proc. art. 4701
Required Notice before Entry:	No statute. Generally 24-hour notice must be given during reasonable time frames to respect the tenant’s right to privacy.
Entry Allowed with Notice for Maintenance and Repairs:	No statute. Generally 24-hour notice must be given during reasonable time frames to respect the tenant’s right to privacy.
Emergency Entry Allowed without Notice:	No statute. Typically it’s allowed without notice for emergencies
Entry Allowed During Tenant’s Extended Absence:	No statute. Usually no notice is required in the event of abandonment.
Entry Allowed with Notice for Showing the Property:	No statute. Generally 24-hour notice must be given during reasonable time frames to respect the tenant’s right to privacy.
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	No Attorney General’s Guide to Louisiana’s Landlord & Tenant Laws Pg 29
Utility Shut-offs Allowed:	No statute but the majority of the time they are not allowed.
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Not specifically required, but recommended.
• Copy of the Lease: Must be provided if written. (Best practice)
• Domestic Violence Situations: May terminate lease early with documentation. (La. Rev. Stat. § 9:3261.1)

Duties

Landlord’s Duties

• Compliance: Must deliver premises in suitable condition. (La. Civ. Code Art. 2682)
• Repairs: Make all necessary repairs during the lease term. (La. Civ. Code Art. 2691)
• Common Areas: Keep all areas under landlord control safe. (General obligation)
• Maintenance: Ensure all systems function properly. (La. Civ. Code Art. 2682)
• Garbage: Not specifically addressed, but implied under habitability.

Tenant’s Duties

• Cleanliness: Maintain clean premises. (La. Civ. Code Art. 2683)
• Trash: Dispose of trash properly. (Implied duty)
• Plumbing: Use plumbing responsibly. (La. Civ. Code Art. 2683)
• Appliances: Use appliances appropriately. (La. Civ. Code Art. 2683)
• Damage: Cannot damage or alter premises. (La. Civ. Code Art. 2683)
• Quiet Enjoyment: Must use premises peacefully. (La. Civ. Code Art. 2683)
• Subleasing: Only with landlord’s consent. (La. Civ. Code Art. 2713)
• Retaliation: Not explicitly protected but may be covered by federal law.
• Lead Disclosure: Required under federal law.