Louisiana Sublease Agreement

Right to Sublet

In Louisiana, tenants have the right to sublet their rental unit unless the original lease agreement explicitly prohibits it. It is essential for tenants to carefully review their lease for any clauses regarding subleasing rights and responsibilities. If the lease requires landlord permission for subletting, tenants must obtain explicit written consent from their landlord.

Landlord’s Permission

Tenants in Louisiana must secure written permission from their landlord to sublet their property, regardless of whether the lease mentions subletting. Landlords retain the right to reject subletting requests based on the qualifications of the proposed subtenant, such as their work history or references.

Louisiana Sublease Agreement

A Louisiana sublease agreement typically includes the following elements:

• Names of the Parties: Identification of the Sublessor and Sublessee.
• Rental Unit Location: Address of the rental unit as per the master lease.
• Rent: Amount, payment schedule, and payment method.
• Term: Start and end dates of the sublease.
• Master Lease Inclusion: Attachment of the Master Lease and any exceptions.
• Lead-Based Paint Notice: Required if the property was built before 1978.
• Security Deposit: There is no limit on the amount; it is held by the Sublessor.
• Return of Security Deposit: Must be returned within one month after the lease ends.
• Inventory of Included Items: List of items included in the sublease.
• Disputes: Procedures for resolving disputes between Sublessor and Sublessee.
• General Conditions: Statement regarding modifications to the agreement.
• Liability: Sublessee’s liability for damages; Sublessor’s ultimate responsibility to the landlord.
• Authorized Occupants: Identification of tenants authorized to live in the unit.
• Utilities: Specification of utility payment responsibilities.
• Parking Policy: Designation of parking areas and fees.
• Smoking Policy: Restrictions on smoking within the unit.
• Landlord’s Consent: Description of how landlord permission is sought.
• Signature: Signatures and dates for all parties involved.

Security Deposit Obligations

In Louisiana, the security deposit must be returned to the sublessee within one month after the termination of the sublease. Sublessors are also required to provide subtenants with written notice of rent payment due dates and intentions regarding lease renewals.

Tax Implications of a Sublease

Sublessors in Louisiana may be subject to various taxes if the property is rented for transient purposes. The following tax rates apply:

• State Sales Tax: 4.45%
• City Taxes: Vary by city.
• Parish Taxes: Vary by parish.
• Stadium and Exposition District Hotel Occupancy Tax: 4% for rentals of 29 days or shorter in Orleans and Jefferson Parishes.
• Ernest N. Morial New Orleans Exhibition Hall Authority Tax: 3% for rentals of 29 days or shorter in Orleans Parish, plus additional fees based on the number of rooms in the hotel.

Sublessors must file tax returns either monthly or quarterly, depending on the frequency of their rentals, and payments should be submitted to the Louisiana Department of Revenue. Some hosting platforms, like Airbnb, may collect and remit taxes on behalf of hosts.

Statutes

• La. Stat. tit. 9 § 3251 – Lessee’s deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
• La. Stat. tit. 9 § 3252 – Failure of lessor to comply; recovery of amounts by lessee; venue
• La. Stat. tit. 9 § 3253 – Cost’s and attorney’s fees
• La. Stat. tit. 9 § 3259 – Unpaid rent; attorney fees
• La. Stat. tit. 9 § 3260 – Premises rendered uninhabitable; mitigation of damages
• La. Civ. Code art. 2682 – The lessor’s principal obligations
• La. Civ. Code art. 2683 – The lessee’s principal obligations
• La. Civ. Code art. 2688 – Obligation to inform lessor
• La. Civ. Code art. 2690 – Alterations by the lessor prohibited
• La. Civ. Code art. 2692 – Lessee’s obligation to make repairs
• La. Civ. Code art. 2694 – Lesse’s right to make repairs
• La. Civ. Code art. 2703 – When and where rent is due
• La. Civ. Code art. 2720 – Termination of lease with a fixed term
• La. Civ. Code art. 2721 – Reconduction
• La. Civ. Code art. 2723 – Term of reconducted nonagricultural lease
• La. Civ. Code art. 2728 – Notice of termination; timing
• La. Stat. tit. 9 § 2782 – Nonsufficient fund checks; damages, attorney fees
• La. Civ. Code art. 3499 – Personal action
• La. Code Civ. Proc. art. 4701 – Termination of lease; notice to vacate; waiver of notice
• La. Public Health and Safety § 40:506 – Termination of tenancy