Louisiana LandlordTenant Laws

1. Governing Statutes

The core of Louisianas residential rental law is found in the Louisiana Civil Code (Title2, BookIII, Chapter1) and the Louisiana Revised Statutes (RS9:3400RS9:3628). These statutes set out the rights and duties of both landlords and tenants, the procedures for evictions, security deposits, repairs, and termination of leases.

2. Types of Lease Agreements

• Written lease most common; provides clear terms for the duration, rent amount, and obligations.
• Oral lease enforceable for periods of 12months or less, but proving the terms can be difficult.
• Monthtomonth tenancy created when a lease expires and the parties continue to occupy the property without a new written agreement.

Regardless of form, the lease must comply with state law; any clause that violates the Civil Code is void.

3. Security Deposits

Louisiana does not cap the amount a landlord may require for a security deposit, but the following rules apply:

1. The deposit must be placed in a separate, interestbearing account in the landlords name.
2. Landlords may not use the deposit for normal wear and tear; only for unpaid rent, damages beyond ordinary use, or other breach of the lease.
3. Within 30days after the tenant vacates, the landlord must provide a written accounting of any deductions and return the balance. Failure to do so can result in a penalty of up to two times the deposit amount.

4. Habitability & Repairs

Landlords must deliver and maintain premises that are fit for the use for which they are intended. This includes:

• Functioning plumbing, heating, and electricity.
• Safe, weathertight structure (roof, windows, doors).
• Absence of health hazards such as mold, pest infestations, or exposed wiring.

Tenants must give written notice of any needed repairs. The landlord then has a reasonable timeusually 714days for nonemergency issuesto cure. If the landlord fails to act, tenants may:

• Withhold rent (subject to court approval).
• Make the repairs and deduct the cost from rent (up to one months rent).
• Terminate the lease and move out without liability for future rent.

5. Rent Payment and Increases

Rent is due on the date specified in the lease. If the tenant is late, the landlord may charge a reasonable late fee, but the fee must be stated in the lease. Louisiana law does not set a maximum latefee amount, though courts may deem an excessively high fee unconscionable.

Rent increases are permitted only at the end of a lease term unless the lease expressly allows midterm adjustments. Any increase must be communicated in writing at least 30days before it takes effect.

6. Entry Rights

Landlords may enter the rented unit only for legitimate reasons, such as:

• Repair or maintenance.
• Showing the unit to prospective buyers or renters.
• Inspection for compliance with the lease.

Except in emergencies (e.g., fire, flood), the landlord must give the tenant at least 24hours notice and must enter at a reasonable time.

7. Eviction (Dispossessory) Process

Evictions in Louisiana are called dispossessory actions. The process follows these steps:

1. Notice to Vacate most cases require a written notice. The length of notice varies:
   • 3days for nonpayment of rent.
   • 10days for breach of lease terms (other than nonpayment).
   • 30days when the landlord wants to end a monthtomonth tenancy without cause.
2. Filing the Suit if the tenant does not comply, the landlord files a dispossessory petition in the appropriate district court.
3. Service & Hearing the tenant is served with the petition and a hearing date is set. Both parties may present evidence.
4. Judgment & Writ of Possession if the judge rules for the landlord, a writ is issued. The sheriff may then remove the tenant after a brief grace period.

Tenants can raise defenses such as improper notice, landlords failure to maintain habitability, or retaliation. Successful defenses can halt the eviction.

8. AntiDiscrimination Protections

Louisiana law mirrors many federal fairhousing protections. It is illegal for a landlord to discriminate on the basis of:

• Race, color, religion, sex, national origin, familial status, or disability.
• Source of lawful income (e.g., Section8 vouchers).
• Age, marital status, or sexual orientation (under certain local ordinances).

Victims can file complaints with the U.S. Department of Housing and Urban Development (HUD) or the Louisiana Commission on Human Rights.

9. Lease Termination by Tenants

Tenants may end a lease early under specific conditions:

• Military service active duty members may terminate with proper notice under the Servicemembers Civil Relief Act.
• Domestic violence victims may break a lease if they provide a protective order or police report.
• Landlord breach if the landlord materially breaches the lease (e.g., fails to repair dangerous conditions), the tenant may give notice and vacate.

In all cases, written notice is required, and the tenant may still be liable for rent through the end of the lease term unless the landlord mitigates by rerenting the unit.

10. Common Legal Resources

• Louisiana Legal Services free legal advice for lowincome residents.
• RentLaw.com statespecific landlordtenant forms and guidance.
• Local parish court websites for filing dispossessory actions and accessing selfhelp guides.

11. Quick Checklist for Landlords

• Provide a written lease that complies with the Civil Code.
• Place security deposits in a separate, interestbearing account.
• Maintain the property in a habitable condition.
• Give at least 24hour notice before entering, except emergencies.
• Follow proper notice periods before attempting eviction.
• Never discriminate; keep records of tenant selection criteria.
• Document all communications with tenants in writing.

12. Quick Checklist for Tenants

• Read the lease carefully; ask for clarification on any ambiguous terms.
• Pay rent on time; keep receipts or bank statements.
• Report repair problems in writing; keep copies.
• Know your notice rights before moving out.
• If you receive an eviction notice, respond promptly and consider legal counsel.
• Document any retaliatory or discriminatory actions by the landlord.