Louisiana Landlord Tenant Law

How does Louisiana landlord tenant law protect you? Learn what are your rights and responsibilities under the Louisiana Landlord Tenant Statutes.

The Louisiana Landlord and Tenant Act covers three types of leases: residential, agricultural and mining.  LA. CIV. CODE art. 2671

If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.

Tenant Application

Background and Credit Check

You can screen tenant applicants with a background check or full credit report from RentPrep.

A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.

A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.

Landlords do not need the tenant or applicant's consent to run background and credit checks.  Fair Credit Reporting Act § 604(a)(3)(F)

Avoiding Discrimination

The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap.  42 U.S.C. § 3604

*Familial status - pregnant women and families with person(s) under 18.

However if the dwelling has four or less rental units and the landlord lives in one of them, then he or she won't have to follow the above Fair Housing laws.  42 U.S.C. § 3603(b)

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Tenancy Agreement

(also known as a lease agreement or rental agreement)

Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.

To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.

A tenancy agreement can be written or verbal.  LA. CIV. CODE art. 2681

If the landlord and tenant did not agree on the tenancy duration, then a residential lease shall be month to month by default while an agricultural lease shall be year to year by default.  LA. CIV. CODE art. 2680

Required for Tenancy Agreement

Louisiana landlord tenant law requires all tenancy agreements to contain the following details:

• Disclosure and information of lead-based paint in the property (for housing built before 1978)

Disallowed for Tenancy Agreement

According to Louisiana landlord tenant law, your lease agreement CANNOT:

• make the tenant give up any legal rights or remedies under the Louisiana Landlord and Tenant Act  LA. REV. STAT. § 9:3254
  

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Security Deposit

Louisiana landlord tenant law does not limit the maximum amount of security deposit that the landlord can ask (as long as the tenant is agreeable). The deposit amount must be stated in the written rental agreement.

There are no landlord tenant laws on security deposit holding methods and security deposit interest.

Deductions and Returns

Louisiana landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
   
Valid reasons for security deposit deductions under Louisiana landlord tenant law LA. CIV. CODE art. 2683 include:

• Rent owed
• Property damage due to negligence, misuse or abuse by tenant, occupants or tenant's guests
• Costs and losses incurred by landlord due to the tenant failing in his or her duties - See Tenant Duties and Responsibilities below

Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within one month. This list has to individually account for all damages and rent owed in writing.  LA. REV. STAT. § 9:3251.(a)

If the tenant abandons the property, the landlord shall keep the full deposit amount.  LA. REV. STAT. § 9:3251.(c)

If the landlord fails to follow Louisiana landlord tenant law for deducting and returning security deposit, the tenant can recover actual damages. If actual damages are less than $200, the tenant shall still receive a minimum of $200.  LA. REV. STAT. § 9:3252

If Property is Sold

Once the property ownership is transferred, the new owner will be responsible for refunding any security deposit or prepaid rent to the tenant (at the end of the tenancy). LA. REV. STAT. § 9:3251.(b) Therefore the new owner should make sure that the previous owner transfers all security deposits and prepaid rents along with the property.

The previous owner is no longer responsible for the tenancy once ALL three conditions are met:

1. The previous owner makes a proper transfer of all security deposits and prepaid rents to the new owner
2. The previous owner informs the tenant in writing that the property is being sold
3. The new owner and tenant enters into a new agreement on the condition and contents of the property
   

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Rent

The landlord and tenant have to agree on the rent payment method. They can also assign a third party to choose the payment method.  LA. CIV. CODE art. 2676

If tenant is paying rent for an agricultural lease with a portion of the crops, then those crops are considered as the landlord's property at all times.  LA. CIV. CODE art. 2677

The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.

By default, rent is payable once the tenancy begins and shall be paid at the start of each term. Rent is to be paid to the address given by the landlord. If no address is given, then rent shall be collected at the tenant's address.  LA. CIV. CODE art. 2703

Late Rent

There are no Louisiana landlord tenant statutes on imposing charges for late rent payments.

Raising Rent

There are no specific Louisiana landlord tenant statutes on raising rent.

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Property Maintenance

The Louisiana Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition. It also requires the tenant to keep the property in a clean and safe condition.

Landlord Duties and Responsibilities

The Louisiana Landlord Tenant Act LA. CIV. CODE art. 2682 requires the landlord to maintain the property in a safe and habitable condition:

• Handover: Deliver the property to the tenant on time and in good condition  LA. CIV. CODE art. 2684
• Repairs: Make all repairs to keep the property safe and habitable  LA. CIV. CODE art. 2691
  
• Maintenance: Maintain the premises in a habitable condition
• Peaceful Tenancy: Ensure that the tenant has a peaceful tenancy  LA. CIV. CODE art. 2700
  

Tenant Duties and Responsibilities

Louisiana landlord tenant law LA. CIV. CODE art. 2683 also requires the tenant to keep the property in a clean and safe condition:

• Proper Usage: Use all facilities and appliances properly. This includes all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen and common area facilities (e.g. elevators)
• Repairs: Repair property damage due to negligence, misuse or abuse by the tenant, occupants or tenant's guests  LA. CIV. CODE art. 2692
• Alterations: Avoid making alterations to the property  LA. CIV. CODE art. 2690
  
• Handover: Return the property in original (move-in) condition at the end of the tenancy

The tenant has to inform the landlord immediately of the following situations:

• Property has been damaged
• Property requires repair
• Tenant's possession of the property was disturbed by a third party  LA. CIV. CODE art. 2688
  

If Landlord Fails to Maintain Property

After the tenant demands for necessary repairs, the landlord has to make the repairs within a reasonable time.

If the landlord fails to do so, the tenant can make the repairs at the landlord's expense. The tenant can either demand the landlord to pay back the repair costs immediately OR deduct the costs from rent.  LA. CIV. CODE art. 2694

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Property Access

There are no Louisiana landlord tenant statutes on when and how the landlord can enter the property.

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Subletting

Louisiana landlord tenant law allows subletting unless the landlord disagrees to it in writing.  LA. CIV. CODE art. 2713

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Termination of Tenancy

Number of Days for Notice to Quit

Louisiana landlord tenant law requires you to give the other party a written notice to quit before terminating a periodic tenancy (e.g week to week, month to month, year to year lease).  LA. CIV. CODE art. 2728

You won't have to give a written notice for a fixed term lease as it will terminate once it expires.  LA. CIV. CODE art. 2720

For a week to week tenancy, you must give this notice at least five days before the termination date.

For a month to month tenancy, you have to give this notice at least 10 days in advance.

If the rental term is longer than one month (e.g. year to year lease), you must give this notice at least 30 days before the termination date.  LA. CIV. CODE art. 2728.(1)

TENANT

Tenant or Dependent is a Victim of Domestic Abuse

If the tenant or tenant's dependent is a victim of domestic abuse, he or she may terminate the rental agreement early without penalties... IF the tenant is renting a home in a building with at least six dwellings.  LA. REV. STAT. § 9:3261.1.(A)

The tenant can terminate the rental agreement by submitting ALL of the following in writing to the landlord:

• Tenant or tenant's dependent is a victim of domestic abuse
• Documents showing that the tenant or tenant's dependent suffered from domestic abuse in the past 30 days
• Tenant shall not allow the abuser to access the property
• Tenant shall follow all terms and conditions of the rental agreement
• Name and address of the abuser (if requested by the landlord)  LA. REV. STAT. § 9:3261.1.(E)

After the tenant submits all of the above in writing, the rental agreement shall be terminated in 30 days.  LA. REV. STAT. § 9:3261.1.(F)

Tenant is Deployed in the Armed Forces

Louisiana landlord tenant law allows service members (or their spouse) to terminate the tenancy agreement if ONE of the following conditions is met:

• Service member received orders for a permanent change of station that is 35 miles or more from the rental unit
• Service member received orders for a temporary change of station that is 35 miles or more from the rental unit for more than three months
  
• Service member received orders requiring him or her to move into government quarters after entering into a rental agreement
• Service member informed the landlord in writing that he or she had a pending request for government quarters when entering into the lease AND government quarters are now available for the service member
• Service member is discharged, released or retires

The tenant may terminate the rental agreement by giving the landlord a written notice to quit 30 days in advance PLUS a copy of the military orders or written verification signed by the service member's commanding officer.  LA. REV. STAT. § 9:3261

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Eviction

According to Louisiana landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:

Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.

If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.

Tenant Did Not Pay Rent

If the tenant did not pay rent on time, the landlord can send the tenant a seven day written notice to terminate the tenancy. This notice must state the amount of rent owed and inform the tenant that he or she can choose to pay or move out.  LA. CIV. CODE art. 4701

Tenant Violated Tenancy Agreement or Didn't Perform Duties

If the tenant violates the tenancy agreement in a *significant manner, the landlord can send the tenant a five day written notice to terminate the tenancy.  LA. CIV. CODE art. 4701

*Significant manner refers to situations that affects human health and safety.

Similarly if the tenant fails to perform his or her duties (as required by Louisiana landlord tenant law) in a significant manner, the landlord can also send the tenant a five day written notice to terminate the tenancy.

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Abandonment

There are no specific Louisiana landlord tenant laws on abandonment of property by the tenant.

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Resources

Louisiana Landlord Tenant Law: Basic Landlord Tenant Law

Louisiana Landlord Tenant Handbook: A Guide to Louisiana Landlord and Tenant Laws

If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.

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If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.