Louisiana Rental Laws

Written on September 27, 2014 by , updated on November 1, 2017

flag-of-louisianaThis article summarizes some key Louisiana Landlord-Tenant Laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county.  You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting a licensed attorney referral service that is operated by the state bar association. This article is not intended to be exhaustive or a substitute for qualified legal advice.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: No statute
  • Deadline for Returning Security Deposit: One month (§3251)
  • Permitted Uses of the Deposit:
    • To remedy a default of the tenant;
    • To remedy unreasonable wear to the premises. (§3251)
  • Require Written Description/Itemized List of Damages and Charges: Yes (§3251)
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: If landlord fails to return deposit according to §3251, tenant may sue to recover actual damages or $200, whichever is greater. (§3252)

Lease, Rent & Fees:

  • Rent Is Due: As stated in the lease, otherwise, rent is due at the beginning of each rent-paying interval. (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, tenant may make necessary and reasonable repairs and deduct the costs of the repairs from the rent if landlord fails to make the repairs within a reasonable time after demand by tenant. (CC 2694)
  • Landlord Allowed to Recover Court and Attorney Fees: In a lawsuit over landlord’s failure to comply with deposit return requirements, the court may choose to award attorney fees to the prevailing party. For oral leases only, in a lawsuit for unpaid rent, tenant is liable for reasonable attorney fees when judgment is made in landlord’s favor. (§3253 and §3259)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent:
    Statute does not reference a requirement to attempt to rerent, however, if 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. (§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 fact of the tenant remaining in the premises for longer than a week past the end of the lease 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. (CC 2720, CC 2721, CC 2723)
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: 30-day written notice before the end of the year (CC 2728)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 10-day written notice before the end of the month (CC 2728)
  • Notice to Terminate Tenancy – Week-to-Week Lease: 5-day written notice before the end of the week (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 (CCP 4701)
  • Termination for Lease Violation: 5-day written notice (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 tenant out, puts tenant’s possessions on the street or otherwise takes the law into his or her own hands, 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 may terminate the tenancy of or any other assistance provided to the perpetrator of such abuse or violence. (§40:506(D))
  • Landlord’s Duties: (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. (CC 2691)
  • Tenant’s Duties: (CC 2683)
    • Rent: Pay the rent in accordance with the agreed terms;
    • Prudent Use: Use the premises in accordance with 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 possession was delivered, except for normal wear and tear.
    • Notification of Damage: Tenant is obligated to notify landlord if the premises have been damaged or requires repair, or if tenant’s possession has been disturbed by a third party. (CC 2688)
    • Alterations Prohibited: Tenant may not make any alterations to the premises. (CC 2690)
    • Repairs: Repair damage caused by tenant or anyone on the premises with tenant’s consent, or by tenant’s use of the premises that exceeds the normal wear and tear. (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.
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226 CommentsLeave a Comment

  • Paris Banks

    I am renting a home in New Orleans and we found mold in our home. I have been having some allergies around it. It’s obvious the mold was here before we moved in and he didn’t warn us. What to do? What’s our rights?

  • Clint guidry

    I’ve been renting a 3br home since March 10th 2016 @1,200$ a month. I was really far behind on rent like 2-1/2 months but have seemed to caught it up at least I thought so. My rents due on the 10th of the month and on sept 15th I went to pay 800$ of rent to my landlord who refused it. I owed him 1,720$ @ the time and still do bc he refused to take 800$ 5 days after rent was due. Which would’ve put me owing him only 920$ for sept rent. Well today sept 19th he served me with an eviction in 5 days I mean I would’ve owed less than a month if he accepted the 800$ and he has my last months rent which I paid when I moved in. So I’m so confused why I must be evicted?! Please someone knowing the law pertained to this please help soon!! Thanks

  • Dawn

    I moved into a post flood mobile home that was not completely finished. When I moved in I was told deposit and rent was waived for 2 months because we cleaned the place post construction, installed bathroom tile and painted. Here I am months later, not a single interior door, no knobs for cabinets/drawers and no skirting for the outside (mobile home).
    I took it upon myself to install clothing rods in the closets, so we could hang our clothes, and install shelves above the washer and dryer.
    My question is, at what point am I able to demand doors?! I have 2 preteen children and we need some privacy!
    Oh and landlord is now requesting a deposit… this has been a family friend so I don’t want to upset the friendship but I’m so frustrated

  • Terry

    I would like to know is it legal for my landlord to demand cash and not give a paper receipt? She only sends out a text, which I don’t trust, I want a paper receipt. Every year she keeps raising the rent and won’t fix anything. The linoleum is tacked down(I did myself) because of where floor buckled and keeps tearing off from water leak. I’m 100% disabled and can barely walk and have tripped over this many times. She said she has looked and can’t find that same flooring. They replaced roof, and did not put any ventilation in over stove in kitchen or bathrooms, which causes moisture in our home. We have lived here over 8 yrs., had no problems until property manager came in picture about 4 yrs ago. We are not in financial shape to move.

  • Glynda

    If my landlord refuses to accept rent payment, can she give me a 5 day notice?
    Also she’s claiming there was fighting on the property which isn’t true.
    She’s also evicting me because I went to jail. Can she evict me for that?
    She won’t accept money from me, but will accept money from my son who’s also on the lease. How can she give me a 5 day notice?
    Thanks in advance..

  • Gail Roy

    My landlord gave me a 30 removal notice to get out for “just cause” she’s had to replace stove, ac unit, rotten steps, and pipe burst I’m the bathroom wall starting July of this yr, she says that none of the repairs are wear and tear!!! I’m never late on rent and we’re not destroying her property, hat’s all since I been in here 1yr 5 months. What do I need to do? Help!!!! I CAN’T AFFORD AN ATTORNEY

  • Gail

    My landlord gave me a 30 removal notice to get out for “just cause” she’s had to replace stove, ac unit, rotten steps, and pipe burst I’m the bathroom wall starting July of this yr, she says that none of the repairs are wear and tear!!! I’m never late on rent and we’re not destroying her property, hat’s all since I been in here 1yr 5 months. What do I need to do? Help!!!! I CAN’T AFFORD AN ATTORNEY

  • Ebony

    Hello,

    I lived in an apartment during the Great Flood 2016. The apartment complex sent out an email to all residents saying “stay at your own risk” to tenants who lived on the second floor, which is where I lived. I decided to move out of the apartment complex due to concerns for my health and safety. Well in moving out, I later learned the apartment complex has decided to charge me a breaklease fee, which equals to one month of rent in addition to fees that they had to clean up items that were left outside of the apartment. Please advise what steps to take to get this fee of 1500 off of my rental history as my reason for moving out was due to the flood.

  • Amy Gates

    Is the landlord required to provide smoke detectors or fire extinguishers in a leased home in Louisiana. Thanks

  • Robert

    my renter left and left behind a broken down truck , can I have it towed off my property? Will I incur the expense?

  • Judy wilson

    I moved into a 4plex 4.5 years ago. The owner would not provide me a lease. We agreed on an amount per month and a couple of months ago she raised the rent. I agreed to the increase. I still was not provided a lease ( nor do any of the other renters have leases). Can they now draw up a lease and put any new restrictions or rules they want in place? Do I have to sign a lease at all after being the perfect tenant all these years? Also, when I moved in there was a working elevator between our two floors and that is the only reason I was able to rent here. I have leukemia and am 75. The elevator often doesn’t work now and they say they are going to take it out and put in stairs which will not be accessible for me. Do there have to be 2 exits

  • Enrique rivera

    La petsona que me renta el apt in 301 duke dr. Le estoy llamando para reparar el AC en el apt y siempre tiene una excusa lara ello porq siempre dice que esta ocupado porq tiene otros apts para reparar mi pregunta es ..La ciudad no les exige a estas petsonas tener una persona que les de mantenimiento alas unidades o es que hay que espetar hasta que ellos tengan tiempo

  • katrina A Pisani

    I moved into an apartment in Lafayette, La. on January 26, 2018. When I moved into the residence the previous tenants had left behind some belongings (sofa, kitchen table, couple mirrors, desk , toys etc). A couple days later around the 28th she came to retrieve her belongings well she ended up not taking any of her things . I have not been able to bring in all my belongings because of the amount of space that she is occupying with her belongings on top of all this I am having to pay the storage unit where my things are because i have no place to put my things. I am on disability and struggle already and this is an extra bill i can not afford. It is now March 1, 2018 . I need to know do i have a right to keep these items or sell them?

  • Miranda

    I was living in a house in St. Tammany Parish, my husband and i fell on hard times, and could not pay our April rent. Which was due on the 1st, but she gave us a 10 day grace period. We were a 6 month lease, and then after the 6 months, we went month to month. Which started on Feb. 1st.
    I told her on the 5th of April we didn’t have Aprils rent, we would be moving out and i was told to get out immediately. So i packed up my whole house with a 1 year old and was moved completely out by the 8th. She refused to give me my deposit back or even a portion of it back, can she do that?

  • Debi Naquin

    Latter & Blum Property Mgmt Inc will no longer accept rental payments in any of their community offices or corporate offices; ALL rent payments must be made electronically through their on-line site. Is this legal in the state of Louisiana?

  • R

    My son and DIL were going to rent a house in Shreveport and completed the paperwork paid the first month, last month and deposit. Then just a couple days after making that payment and a week or two before they would be taking possession of the house asked to cancel the contract as we have family medical issues in Oregon and they needed to move home to Oregon. The landlord refuses to refund any of their money. Close to $4000.00 Any suggestions on what they can do to get their money back?

  • Jack

    I am a landlord & we allow pets with approval. Tenants moved in with a small Maltese puppy and paid a pet fee. The lease states “All pets must be approved. If Tenant wishes to acquire a pet after move in, a request must be made in writing.” We had complaints about a dog barking, and it turns out right after they moved in, they got a German Shepard. The dog stays in a pen and barks day/night disturbing the neighbors. They let it out from time to time because it chewed some wires connecting the a/c unit to the house. ($95 bill.) We sent the tenants the bill and a notice of lease violation regarding the unapproved dog, noise issues,and they totally ignored it!! No response! What should we do next?

  • Aubrey

    Does the landlord have to provide pest control? Im in Louisiana and I’ve been trying to do it myself i dont have roaches anywhere i can see but big ones come out at night or when its super hot usually only see them on the wall of my neighbors apt. She sent some one out once but it was mos. Ago and i cant get anyone professional unless they do the whole building….. thanks for your feedback

  • Mike

    I am vacating the apartment I rented in New Orleans upon the expiration of my lease. I am without income now and can’ t pay the back rent I owe. Can the landlord refuse to allow me to remove my persomal property from the rentl property because I owe the back rent? What recourse do I have if she does refuse? Please respond quickly – I only have 8 days before the lease expires. Thanking you in advance for your advice.

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