State Reference Guide · South

Louisiana
Tenant Rights.

Louisiana’s landlord-tenant laws are unique because they are based on the Louisiana Civil Code, which differs from the "common law" systems used in the other 49 states. This guide explains your rights under the Louisiana Revised Statutes (La. R.S.) and the Louisiana Civil Code (La. Civ. Code).

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Limit
None
Deposit Return Deadline
1 Month
Eviction Notice
5 Days
can be waived in lease
Notice to Enter
Not Specified
check lease

What rights do tenants have in Louisiana?

Tenants in Louisiana are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Louisiana sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

Louisiana law is relatively landlord-friendly regarding the amount of the deposit, but strict regarding its return.

Maximum Amount
There is no state limit on how much a landlord can charge for a security deposit.
Return Deadline
Landlords must return your security deposit within one month after you move out and the lease terminates (La. R.S. 9:3251).
Itemization Requirements
If the landlord keeps any part of the deposit, they must provide a written, itemized statement explaining exactly what the money was used for (e.g., specific repairs or unpaid rent). They cannot charge for "normal wear and tear" (La. R.S. 9:3251).
Penalties for Violations
If a landlord "willfully" fails to return the deposit or provide the itemized list within one month, you can sue them for $300 or twice (200%) of the amount wrongfully withheld, whichever is greater, plus attorney fees (La. R.S. 9:3252(A)).
02
NOTICE

Eviction Notices (The "Waiver" Trap)

Louisiana has one of the fastest eviction processes in the country. It is critical to read your lease carefully.

Nonpayment and Lease Violations
Usually, a landlord must give you a 5-day Notice to Vacate (excluding weekends and holidays) before filing for eviction in court (La. Code Civ. Proc. Art. 4701).
THE WAIVER
Most Louisiana leases contain a clause where the tenant waives (gives up) the right to notice. If you signed a lease with this waiver, the landlord can file for eviction the very day you are late on rent without warning you first.
Month-to-Month Termination
To end a month-to-month lease, either the landlord or the tenant must provide written notice at least 10 calendar days before the end of the month (La. Civ. Code Art. 2728).
03
NOTICE

Landlord Entry

Notice Period
Unlike many other states, Louisiana does not have a law requiring a landlord to give 24 or 48 hours' notice before entering your home.
Peaceable Possession
However, the landlord is legally obligated to maintain you in "peaceable possession" of the property (La. Civ. Code Art. 2682). This means they cannot harass you or enter constantly without reason.
Check Your Lease
Since the law is silent on notice, your lease agreement usually controls when and how the landlord can enter.
04
MONEY

Rent Control Status

State Preemption
Louisiana has a "preemption" law (La. R.S. 9:3258). This means that cities (like New Orleans or Baton Rouge) are prohibited from passing their own rent control laws. Rent increases are generally limited only by what is written in your lease.
05
SAFETY

Habitability and "Repair and Deduct"

Louisiana law requires landlords to maintain a property in a condition "fit for the use for which it was leased" (La. Civ. Code Art. 2682).

Repair and Deduct Rights
If a "necessary" repair is needed and the landlord refuses to fix it after being notified, you have a statutory right to make the repair yourself and deduct the cost from your rent (La. Civ. Code Art. 2694).
The Rules for Deducting
The repair must be necessary (e.g., broken plumbing, no heat).You must notify the landlord of the problem and give them a "reasonable" time to fix it.The cost of the repair must be reasonable. Warning: This is risky. If a judge later decides the repair wasn't "necessary," you could be evicted for nonpayment of rent.
06
SAFETY

Retaliation Protections

Minimal Protection
Louisiana is one of the few states that does not have a specific state statute protecting tenants from "retaliation."
The Reality
In many other states, a landlord cannot evict you for complaining to code enforcement. In Louisiana, it is much harder to prove a "retaliatory eviction," and landlords generally have the right to choose not to renew a lease for any non-discriminatory reason.
07
LEASE

Lease Requirements & Disclosures

Oral Leases
Oral (unwritten) leases are legal and binding in Louisiana (La. Civ. Code Art. 2681). However, written leases are strongly recommended to prove the terms of the agreement.
Warranty Against Defects
The landlord is legally responsible for "vices and defects" that prevent you from using the property, even if they didn't know about the defect when you moved in (La. Civ. Code Art. 2696).
Lead-Based Paint
For any property built before 1978, the landlord must provide a federal lead disclosure form.
Summary

Quick reference table.

FeatureRule in LouisianaStatute
Security Deposit LimitNoneN/A
Deposit Return Deadline1 MonthLa. R.S. 9:3251
Eviction Notice5 Days (Can be waived in lease)La. C.C.P. Art. 4701
Notice to EnterNot specified (Check lease)La. Civ. Code Art. 2682
Repair and DeductYes (Must be "necessary" repairs)La. Civ. Code Art. 2694
Rent ControlProhibited by state lawLa. R.S. 9:3258
Domestic Abuse Move-Out30-day notice with documentationLa. R.S. 9:3261.1
Unique To Louisiana

Protections you won't find everywhere else.

01
Domestic Abuse Protections
Under La. R.S. 9:3261.1, victims of domestic abuse, sexual assault, or stalking have the right to terminate their lease early without penalty.
02
The "Lessor’s Privilege" (Seizure of Property)
Louisiana law gives landlords a "privilege" (a type of lien) over the movable property (furniture, electronics) located inside the rental unit to cover unpaid rent (La. Civ. Code Art. 2707).
Cities with local protections

These Louisiana cities layer extra tenant protections on top of state law: Alexandria, Baton Rouge, Bossier City, Hammond, Houma, Lafayette, Lake Charles, Metairie, Monroe, Natchitoches, New Orleans, Ruston, Shreveport, Thibodaux.

Common Questions

Frequently Asked

Security deposit limits in Louisiana are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Louisiana statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

Apartments

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.