What are You Looking for?

Louisiana State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in your area. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Details

Security Deposit:

  • Security Deposit Maximum: No statute.
  • Security Deposit Interest: No statute.
  • Separate Security Deposit Bank Account: No statute.
  • Pet Deposits and Additional Fees: No statute.
  • Non-refundable deposits and fees: No statute.
  • Deadline for Returning Security Deposit: One month (La. Rev. Stat. Ann. §3251).
  • Permitted Uses of the Deposit: The security deposit can be used to remedy “a default of the tenant” or to repair damages beyond normal wear and tear. (La. Rev. Stat. Ann. §3251)
  • Require Written Description/Itemized List of Damages and Charges: Yes (La. Rev. Stat. Ann. §3251).
  • Record Keeping of Deposit Withholdings: No statute.
  • Receipt of Deposit: No statute.
  • Failure to Comply: If the landlord fails to return the deposit, according to §3251, the tenant may sue to recover actual damages or $200, whichever is greater (La. Rev. Stat. Ann. §3252).

Lease, Rent & Fees:

  • Rent Is Due: Rent is due at the beginning of each rent-paying interval unless otherwise stated in the lease. (La. Civ. Code Ann. CC 2703)
  • Rent Increase Notice: No statute.
  • Rent Grace Period: No statute.
  • Late Fees: Only if stated in the lease (Attorney General’s Guide to Louisiana Landlord & Tenant Laws (Page 11) (PDF))
  • Prepaid Rent: No statute.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute.
  • Tenant Allowed to Repair and Deduct Rent: Yes. if the landlord fails to make the repairs within a “reasonable time” after the tenant requests the repairs, the tenant may make repairs and deduct the costs from the rent. (La. Civ. Code Ann. CC 2694)
  • Landlord Allowed to Recover Court and Attorney Fees: In a lawsuit over the landlord’s failure to comply with deposit return requirements, the court may choose to award attorney fees to the prevailing party. In the case of oral leases, in a lawsuit for unpaid rent, the tenant is liable for reasonable attorney fees when judgment is made in the landlord’s favor. (La. Rev. Stat. Ann. §3253 and La. Rev. Stat. Ann. §3259)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rent: State statute does not reference a requirement to attempt to rerent. However, if the tenant has been evicted, or if the premises are rendered uninhabitable through no fault of the tenant, the landlord shall be required to mitigate damages (La. Rev. Stat. Ann. §3260).
  • Abandonment/Early Termination Fee: No statute.

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply ends unless the lease is extended by the fact of the tenant remaining in the premises for longer than a week without notice to vacate or terminate. If that happens, the lease is extended to month-to-month for leases whose term is a month or longer. (La. Rev. Stat. Ann. CC 2720, La. Rev. Stat. Ann. CC 2721, La. Rev. Stat. Ann. CC 2723)
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: 30-day written notice before the end of the year (La. Rev. Stat. Ann. CC 2728)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 10-day written notice before the end of the month (La. Rev. Stat. Ann. CC 2728)
  • Notice to Terminate Tenancy – Week-to-Week Lease: 5-day written notice before the end of the week (La. Rev. Stat. Ann. CC 2728)
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination of Week-to-Week Leases for Nonpayment: No statute
  • Notice of Termination of All Other Leases for Nonpayment: 5-day written notice (La. Code Civ. Pro. Ann. CCP 4701)
  • Termination for Lease Violation: 5-day written notice (La. Code Civ. Pro. Ann. CCP 4701).
  • Required Notice before Entry: No statute.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute.
  • Entry Allowed with Notice for Showings: No statute.
  • Emergency Entry Allowed without Notice: No statute.
  • Entry Allowed During Tenant’s Extended Absence: No statute.
  • Notice to Tenants for Pesticide Use: No statute.
  • Lockouts Allowed: No. If the landlord locks the tenant out, and puts their possessions on the street, the landlord may be liable for damages for wrongful eviction (Attorney General’s Guide to Louisiana Landlord & Tenant Laws (Page 25)(PDF)).
  • Utility Shut-offs Allowed: No.

Disclosures and Miscellaneous Notes:

  • Name and Addresses: No statute.
  • Copy of the Lease: No statute.
  • Domestic Violence Situations
    • Protection from Termination: A local housing authority may not terminate a tenancy for reasons of domestic abuse, dating violence, or family violence against a tenant. But the tenancy, or any other assistance provided, of the perpetrator of domestic abuse or violence may be terminated. (La. Rev. Stat. Ann. §40:506(D))
  • Landlord’s Duties: (La. Rev. Stat. Ann. CC 2682)
    • Possession: Deliver possession of the premises to the tenant;
    • Maintenance: Maintain the premises in a habitable condition;
    • Quiet Enjoyment: Protect the lessee’s peaceful possession for the duration of the lease.
    • Repairs: Make all repairs necessary to maintain the premises in a habitable condition, except those for which the tenant is responsible. (La. Rev. Stat. Ann. CC 2691)
  • Tenant’s Duties: (La. Rev. Stat. Ann. CC 2683)
    • Rent: Pay the rent by the agreed terms;
    • Prudent Use: Use the premises for the purpose for which it was leased;
    • Trash: Return the premises at the end of the lease in a condition that is the same as it was when the possession was delivered, except for normal wear and tear.
    • Notification of Damage: The tenant is obligated to notify the landlord if the premises have been damaged or require repair, or if the tenant’s possession has been disturbed by a third party (La. Rev. Stat. Ann. CC 2688).
    • Alterations Prohibited: Tenant may not make any alterations to the premises (La. Rev. Stat. Ann. CC 2690).
    • Repairs: Repair damage caused by the tenant or anyone on the premises with the tenant’s consent, or by the tenant’s use of the premises that exceeds the normal wear and tear (La. Rev. Stat. Ann. CC 2692).
  • Retaliation: No statute.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

●Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Realtor and Landlord/Tenant Associations

Facebook Instagram
©️ 2023 — My Rental Spot, All Rights Reserved.