Louisiana Lease Agreement

Understanding Louisiana Lease Agreement Requirements

State Legal Framework

Louisiana landlord tenant law operates under a civil law system derived from French and Spanish legal traditions, making it unique among U.S. states. The Louisiana Civil Code Articles 2668-2729 govern residential lease agreements. Louisiana maintains a landlord-friendly legal environment with minimal statutory requirements compared to many other states. The state does not impose rent control, allowing landlords flexibility in setting rental rates and lease terms. The Louisiana rental lease agreement becomes enforceable when both parties sign the document, creating mutual obligations that govern the entire landlord-tenant relationship under Louisiana’s unique civil law system.

Written Agreement Standards

Louisiana does not legally require written lease agreements for tenancies under one year. However, creating a written residential lease agreement Louisiana landlords can reference provides clear documentation and legal protection. Written agreements prevent disputes by establishing explicit terms both parties acknowledge and accept. Given Louisiana’s civil law system, clearly documented lease terms become particularly important.

Essential Elements of a Louisiana Lease Agreement

Parties and Property Identification

Complete Party Information Every Louisiana lease agreement template should identify all parties involved in the rental arrangement. Required information includes:

• Full legal names of all landlords or property managers
• Full legal names of all adult tenants
• Complete property address including unit numbers
• Legal property description when applicable

Accurate identification prevents confusion about who holds rights and responsibilities under the agreement.

Lease Term and Duration

Fixed-Term Agreements Fixed-term leases establish specific start and end dates for tenancies. Most Louisiana rental contracts run for 12-month periods, though landlords can create agreements for any duration. Fixed-term leases provide stability for both parties and establish clear expectations about tenancy length.

Month-to-Month Arrangements Month-to-month rental agreements offer flexibility for landlords and tenants who prefer shorter commitments. These arrangements automatically renew each month until either party provides proper termination notice. Louisiana requires 10 days written notice to terminate month-to-month tenancies, one of the shortest notice periods in the nation.

Rent Payment Terms

Payment Obligations Louisiana lease agreements must clearly state rent payment requirements including:

• Monthly rent amount
• Payment due date
• Accepted payment methods
• Where tenants should submit payments
• Grace period provisions (if offered)

Louisiana law does not mandate specific grace periods, so landlords should clearly specify any grace period terms in lease agreements.

Late Fee Provisions Louisiana does not impose statutory caps on late fee amounts, allowing landlords to set penalties for overdue rent according to lease terms. Late fee policies should appear clearly in the rental agreement Louisiana tenants receive. Including specific late fee amounts and assessment dates prevents disputes.

Security Deposit Requirements in Louisiana

Deposit Limits and Handling

No Statutory Cap Louisiana places no legal limit on security deposit amounts. Landlords can request deposits based on property value, rental rates, and risk assessment. Most landlords collect deposits equal to one or two months rent, though higher amounts are legally permissible.

No Separate Account Requirements Louisiana does not require landlords to hold security deposits in separate escrow accounts or pay interest on deposited funds. Landlords have flexibility in managing deposit funds while maintaining proper records.

Return Procedures

30-Day Timeline Louisiana landlords must return security deposits within one month after the lease terminates and the tenant vacates the property. This timeline applies to both the deposit return and required itemized statements of deductions.

Allowable Deductions Landlords can deduct from security deposits for:

• Unpaid rent
• Damage beyond normal wear and tear
• Costs to restore property to move-in condition
• Cleaning costs
• Unpaid utility charges
• Other charges authorized in the lease agreement

Providing itemized deduction statements with remaining deposit balances prevents tenant disputes and potential legal claims.

Wrongful Withholding Penalties

Louisiana imposes penalties on landlords who wrongfully withhold security deposits. Landlords who fail to return deposits or provide proper itemization within one month may be liable for:

• Actual damages suffered by the tenant
• Penalty of $200 or actual damages, whichever is greater
• Reasonable attorney fees

These penalties apply when landlords act in bad faith.

Required Disclosures for Louisiana Rental Agreements

Lead-Based Paint Disclosure

Federal law mandates lead-based paint disclosures for all rental properties built before 1978. Louisiana landlords must provide:

• Written disclosure of known lead-based paint presence
• EPA pamphlet “Protect Your Family from Lead in Your Home”
• Ten-day opportunity for lead inspection
• Signed acknowledgment of disclosure receipt

Failure to provide proper lead disclosures exposes landlords to significant federal penalties.

Landlord/Agent Identification

Louisiana landlords should disclose in the lease agreement or separately:

• Name and address of the property owner
• Name and address of any person authorized to manage the property
• Name and address of person authorized to receive notices and demands

While not strictly mandated by statute, this disclosure represents best practice and facilitates proper communication.

Foreclosure Disclosure

Louisiana requires landlords to disclose if the property is subject to pending foreclosure proceedings. Tenants have the right to know about foreclosure status before entering into lease agreements.

Mold Disclosure

Louisiana does not mandate specific mold disclosures. However, landlords should consider:

• Disclosing known mold problems as a best practice
• Addressing mold prevention in lease terms
• Responding promptly to tenant mold reports

Given Louisiana’s humid climate, mold disclosure and prevention become particularly important.

Bed Bug Disclosure

Louisiana does not require specific bed bug disclosures. Best practices include:

• Disclosing known infestation history
• Establishing reporting procedures in lease terms
• Clarifying treatment responsibilities

Flood Zone Disclosure

While not strictly required, Louisiana landlords should consider disclosing flood zone status given the state’s vulnerability to flooding:

• Whether property is in a flood zone
• Flood insurance requirements
• History of flooding at the property

Landlord and Tenant Rights Under Louisiana Law

Landlord Obligations

Good Condition Requirement Louisiana Civil Code requires landlords to deliver the property in good condition and maintain it throughout the tenancy. Landlord obligations include:

• Delivering the property fit for its intended use
• Making necessary repairs during the lease
• Maintaining the property in suitable condition
• Ensuring the property is not dangerous to health
• Providing adequate weatherproofing
• Maintaining structural components
• Keeping common areas safe and clean

Louisiana does not have a comprehensive statutory warranty of habitability like some states. Instead, landlord obligations arise from Civil Code provisions and lease terms.

Property Access Rights Louisiana does not specify statutory notice requirements for landlord entry. However, lease agreements should include reasonable entry provisions specifying:

• Notice period before entry (commonly 24 hours)
• Permissible entry purposes
• Emergency access provisions
• Reasonable hours for entry

Including clear entry provisions protects both parties and establishes expectations.

Tenant Responsibilities

Property Care Standards Tenants must maintain rental units according to Louisiana law and lease terms including:

• Using the property as a prudent person would
• Making minor repairs customarily made by tenants
• Not making alterations without landlord consent
• Not subletting without landlord permission
• Returning the property in the condition received (normal wear excepted)
• Paying rent on time
• Not disturbing neighbors

Lease Termination and Eviction Procedures

Voluntary Termination

Notice Requirements Louisiana termination notice requirements depend on lease type:

• Fixed-term leases end automatically on specified dates
• Month-to-month tenancies require 10 days written notice
• Week-to-week tenancies require 5 days written notice

Louisiana’s 10-day notice for month-to-month termination is among the shortest in the nation. Including clear termination procedures in lease agreements prevents misunderstandings.

Eviction Processes

Louisiana provides relatively streamlined eviction procedures.

Nonpayment of Rent Louisiana landlords can begin eviction proceedings when tenants fail to pay rent. The process requires:

• Five-day notice to vacate (no cure period required)
• Filing eviction suit if tenant fails to vacate
• Court hearing and judgment
• Writ of possession for physical removal

Louisiana does not require landlords to provide a “pay or quit” notice with opportunity to cure for nonpayment.

Lease Violations Landlords can pursue eviction for material lease violations:

• Five-day notice to vacate
• Filing court action if tenant remains
• Court proceedings and judgment

Good Cause Not Required Louisiana does not require landlords to have “good cause” to terminate month-to-month tenancies. Proper notice is sufficient.

Self-Help Eviction Prohibition

Louisiana prohibits landlord self-help evictions. Landlords cannot:

• Change locks without court order
• Remove tenant belongings
• Shut off utilities
• Use physical force to remove tenants

All evictions must proceed through proper court procedures.

Creating an Effective Louisiana Lease Agreement

Documentation Best Practices

Comprehensive Terms Strong Louisiana lease agreements include provisions addressing:

• Pet policies and deposits
• Guest and occupancy limits
• Maintenance responsibilities
• Utility payment assignments
• Parking and storage rules
• Noise and conduct standards
• Renewal and termination procedures
• Entry notice requirements
• Hurricane and storm damage provisions
• Flood insurance requirements
• Mold prevention responsibilities

Professional Templates Using a Louisiana lease agreement template ensures contracts include all necessary elements. Given Louisiana’s unique civil law system, professional templates help landlords address state-specific requirements.

Tenant Screening Integration

Application Procedures Thorough tenant screening before lease signing helps landlords select reliable tenants. Screening should include:

• Credit history review
• Employment and income verification
• Rental history and references
• Background checks where permitted

Louisiana does not prohibit source of income discrimination statewide. Documenting screening criteria and applying standards consistently protects landlords from discrimination claims.

Louisiana-Specific Considerations

New Orleans Rental Market

New Orleans presents unique rental considerations:

• Historic district regulations and preservation requirements
• Short-term rental licensing and restrictions
• Flood zone awareness throughout the city
• Hurricane preparation requirements
• Unique neighborhood characteristics (French Quarter, Garden District, etc.)
• High tourism affecting rental markets

Hurricane and Storm Provisions

Louisiana’s hurricane vulnerability creates essential considerations:

• Lease provisions for storm damage and repairs
• Evacuation procedures and responsibilities
• Rent abatement for uninhabitable conditions after storms
• Insurance requirements (windstorm, flood)
• Property access during emergencies
• Security deposit applications for storm damage
• Lease termination rights after major damage

Hurricane provisions should be clearly addressed in all Louisiana leases.

Flood Insurance and Disclosure

Given Louisiana’s flood risk, landlords should address:

• National Flood Insurance Program requirements
• Disclosure of flood zone status
• Tenant responsibilities for renter’s flood insurance
• Flood damage repair procedures
• Basement and ground-floor flooding considerations

Short-Term and Vacation Rentals

Louisiana, particularly New Orleans, regulates short-term rentals:

• New Orleans licensing requirements
• Homestead exemption considerations
• Short-term rental permits by neighborhood
• Tax collection obligations
• Platform registration requirements
• Neighbor notification requirements in some areas

Baton Rouge and College Rentals

Louisiana State University creates a significant rental market:

• Academic year lease considerations
• Parental guarantor requirements
• Gameday and tailgating provisions
• Student tenant turnover patterns
• Summer subletting provisions

Manufactured Housing

Louisiana has manufactured housing inventory:

• Specific requirements for mobile home communities
• Lot rental agreement distinctions
• Community rules and enforcement
• Hurricane tie-down requirements
• Louisiana Manufactured Housing Commission regulations

Oil and Gas Industry Considerations

Louisiana’s energy industry affects rentals:

• Temporary workforce housing demand
• Furnished rental considerations
• Shorter lease term flexibility
• Industrial area proximity disclosures
• Economic fluctuation impacts

Mold and Humidity Considerations

Louisiana’s humid subtropical climate creates concerns:

• Mold prevention lease provisions
• HVAC maintenance requirements
• Tenant responsibilities for ventilation
• Prompt response to moisture issues
• Air conditioning requirements

Cajun Country and Rural Rentals

South Louisiana rural areas present unique considerations:

• Well water and septic system disclosures
• Flood plain awareness
• Remote property access
• Agricultural property provisions
• Hunting lease interactions

Military Tenant Considerations

Louisiana military installations require understanding:

• Servicemembers Civil Relief Act (SCRA) protections
• Lease termination rights upon deployment or PCS orders
• Fort Polk tenant considerations
• Barksdale Air Force Base housing
• Naval facilities in New Orleans area
• Eviction protections during active duty

Historic Property Rentals

Louisiana has significant historic properties:

• Preservation requirements affecting renovations
• Historic district regulations
• Restrictions on exterior modifications
• Lead paint considerations in older buildings
• Accessibility accommodation challenges

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.

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Protecting Your Louisiana Rental Investment

A well-drafted Louisiana rental lease agreement forms the foundation of successful property management. Given Louisiana’s unique civil law system and vulnerability to hurricanes and flooding, comprehensive documentation becomes particularly important. Clear terms addressing storm damage, flood insurance, and mold prevention protect both landlord and tenant interests.

RocketRent provides Louisiana lease agreement templates designed to meet state requirements and protect landlord investments. Our platform streamlines property management with integrated tools for lease creation, rent collection, and tenant screening. Create your Louisiana rental lease agreement today and manage your properties with confidence.