Louisiana Rental Laws

This 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

La. Rev. Stat. Ann. §9:3251 – §9:3261 – Landlord and Tenant Statutes (Use arrows to navigate chapters)
La. Civ. Code Ann. art. CC 2668 – CC 2729 – Landlord and Tenant Civil Codes (Use arrows to navigate chapters)
La. Code Civ. Pro. Ann art. CCP 4701 – CCP 4735 – Eviction of Tenants and Occupants – Louisiana Code of Civil Procedure (Use arrows to navigate chapters)
Attorney General’s Guide to Louisiana Landlord & Tenant Laws

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:

Louisiana Small Claims Court
- Limits: Varies upon County/City
- Eviction Cases Allowed in Small Claims: No (Baton Rouge Small Claims Division Forms (PDF))
- Louisiana District Courts – Judgepedia
Statute of Limitations
- Written Contracts: 10 years (§3499)
- Oral Contracts: 10 years (§3499)
Louisiana Judicial Branch
Louisiana Attorney General
Louisiana State Bar Association
New Orleans Bar Association
Legal Aid:

Business Licenses:

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