Louisiana Rental Laws

Written on September 27, 2014 by , updated on August 31, 2018

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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244 CommentsLeave a Comment

  • Billy

    I rent a trailer and the heat does not work. The landlord has made no attemp to fix it( or anything else). What can i do?

  • Rahul

    I rented my house and Tanent agreed to paint the house for first month rent and deposit. I have this written on the lease. Tanent has not painted the house, but he is claiming that he painted with matching color. Small nails I had in wall are still there without any color, and there are no sign of hour being painted recently.

    How can I collect my one month rent and deposit ??

  • yazmin chavez

    My a/c has broken 6 times in the 7 months I’ve moved in. Only 4 of the times were the complaints in writing the other times were over the phone. Can i terminate my lease without paying the break fee. I’ve had to leave my apartment at 3 am drive an hour to my moms because i could not stand the heat. What can I do

  • Amey Baldric

    Does your legal experience include drafting of sales agreement. If Yes, what is the cost to retain your firm.

    Amey Baldric
    Marketing Department
    Connect Equipment’s Company
    Email…ameybaldricbaldric@gmail.com

  • Stephen

    The lights in my apartment are in my landlords name they have two units on one meter. In my lease it states I will receive the bill on the 6th of every month and it will be due on the 16th. I have only received the amount via text message and I believe they are getting over on me. My question is do they have the right to not show me the bill? My lights are higher than ever after my attempts of cutting my power bill down. Also I hurt myself bad on their stairs they pretty much go straight up who do I contact about that?

  • tiffany

    I need some help. My friends landlord is refusing to give my friend her things back. This is everything she owes. She has called him, friends has called him even her father. he refuses to answer anyone of else. We are trying to be civil because of his father being sick. She has a business which he has all her business supplies and tools to do the work. Her clothes, her bed everything.Please tell us what to do. He sold the place . she didnt abandon the house she was arrested and her mother was in contact with him. he knew where she was. he fail to give her an notice or eviction notice of this.

  • jb

    Does the landlord have a right to send a pest control employee into a tenant apartment unaccompanied by a staff member Especially if He enters without Notice. This happened to me. I was still in my night clothes and He just walked in. He did not right bell or knocked. It really frightened me. Is this a right of the landlord? I know that they are allowed to come in if the tenant is not home which I make every effort to be here, so that he does what he suppose to do. I feel that my private space will be violated ,if he comes in alone. One time I was out and he came and sprayed chemicals all over my bathroom rugs,I had to throw them away. DOES THE LANDLORD HAVE A RIGHT TO DO THIS WITHOUT A STAFF MEMBER? Your reply will be most helpful.

  • Anonymous

    We have paid rent and our deposit dont owe rent and for this past month we let the landlord know on several occasions that the ac in the mobile home isnt cooling the home properly, we have been coming home everyday from work to 80 degrees in Louisiana summer time it’s hot, not including with 2 small babies ages 1 and 4 months old, they lied to us about the time the ac repair man was coming out and had him come once we were not home, we have cameras so we saw it was a family man so he didn’t do anything except tell the landlords husband to clean the coils, and so everyday for the past month we are still hot in the house and keep telling the landlord she says she doesn’t know why and keeps having her husband over when we get home all night

  • John

    The house I am renting is having the a/c unit replaced and black mold is present. I have a two year old son who is immuno-suppressed due to a heart transplant. Our transplant team told us to get out of the house asap. What are my rights due to this mold presence? What steps do I need to take? I need a place to live.

  • Lisa Williams

    I have rental house the A/c went out am I required by law to replace the central unit or can window units work and if so who is obligated to buy the window units

  • Patricia

    Can a landlord just show you to the house without prior notice? Can he evicted me if the house is s not clean to his standard? I have many more questions.

  • ELISSA SMITH

    I saw several questions, but no answers. Is no one interested in this topic? I’m joining the conversation hoping perhaps that action will allow me to see the replies if there have been any.

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