State rental laws and regulations

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 rental laws in Louisiana 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. Louisiana rental laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all Louisiana 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 Louisiana. The Louisiana state bar association may have a referral service that can help you find a lawyer with experience in Louisiana landlord-tenant law.

Official Louisiana Rental Rules and Regulations

• La. Rev. Stat. Ann. §9:3251 – §9:3261 – Landlord and Tenant Statutes (use arrows to navigate chapters)
• La. Civ. Code Ann. CC 2668 – CC 2729 – Landlord and Tenant Civil Codes (use arrows to navigate chapters)
• La. Code Civ. Pro. Ann CCP 4701 – CCP 4735 – Eviction of Tenants and Occupants – Louisiana Code of Civil Procedure (use arrows to navigate chapters)

Louisiana Rental Law 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 landlord willfully fails to comply with La. Rev. Stat. Ann. §3251, the tenant has the right to recover any portion of the security deposit wrongfully retained and $300 or twice the amount of the portion of the security deposit wrongfully detained, whichever is greater. (La. Rev. Stat. Ann. §3252).

Louisiana 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.
• 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 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 Rerent: 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.

Louisiana 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 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, puts their possessions on the street, the landlord may be liable for damages for wrongful eviction. (Guide to Louisiana Landlord & Tenant Laws - PDF)
• Utility Shut-offs Allowed: No.

Louisiana 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 in accordance with 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 (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 tenant or anyone on the premises with the tenant's consent, or by 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:

• Louisiana Small Claims Court
  • Limits: Varies upon County/City.
  • Eviction Cases Allowed in Small Claims: No (Baton Rouge Small Claims Division Forms (PDF))
• Statute of Limitations
  • Written Contracts: 10 years (§3499).
  • Oral Contracts: 10 years (§3499).
• Louisiana Attorney General
• Louisiana State Bar Association
• New Orleans Bar Association
• Legal Aid:
  • Louisiana Bar Association – Lawyer Referral
  • LouisianaLawHelp.org
  • Tulane Legal Assistance Program
  • Acadiana Legal Services
  • Southeast Louisiana Legal Services

Louisiana Business Licenses:

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

Helpful Links

Louisiana Realtor and Landlord/Tenant Associations

• U.S. Department of Housing and Urban Development – Louisiana
• Louisiana Department of Insurance
• Consumer’s Guide to Homeowner and Tenant Insurance (PDF)
• Louisiana Real Estate Commission
• Louisiana Housing Corporation 

   

  • Alexandria Housing Authority
  • Housing Authority of New Orleans
  • East Baton Rouge Parish Housing Authority
  • Lafayette Housing Authority
  • Monroe Housing Authority
• Louisiana REALTORS® Associations
  • Louisiana REALTORS®
  • New Orleans Metropolitan Association of REALTORS®
  • The Greater Baton Rouge Association of REALTORS®
  • Northwest Louisiana Association of REALTORS®
  • Central Louisiana REALTORS® Association
  • Southwest Louisiana Association of REALTORS®
• Louisiana Landlord Associations
  • Apartment Association of Greater New Orleans
  • Baton Rouge Apartment Association
  • New Orleans Real Estate Investors Association
  • Shreveport-Bossier Apartment Association
• Louisiana Tenant organizations
  • Louisiana Housing Alliance
  • Greater New Orleans Fair Housing Action Center

   

State Rental Laws Neighboring Louisiana

• Arkansas Rental Laws
• Mississippi Rental Laws
• Texas Rental Laws