LA
Louisiana Landlord-Tenant Laws
Security Deposit Return Timeline
La. R.S. 9:3251
⏰ Timeline
One month (30 days) after lease terminates
✅ Key Requirements
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- Landlord must return security deposit within one month of lease termination
- If any portion retained, landlord must provide itemized statement within one month
- Statement must account for proceeds retained and give reasons
- Tenant must provide forwarding address for return of deposit
- Landlord may retain amounts reasonably necessary to remedy tenant defaults or unreasonable wear
- +1 more requirements
Permitted Security Deposit Deductions
La. R.S. 9:3251
⏰ Timeline
N/A
✅ Key Requirements
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- Landlord may deduct for tenant defaults (including unpaid rent)
- Landlord may deduct to remedy unreasonable wear to premises
- Normal wear and tear cannot be deducted
- Amounts retained must be reasonably necessary
- Itemized statement required for any deductions
- +1 more requirements
Security Deposit Wrongful Retention Penalties
La. R.S. 9:3252
⏰ Timeline
Failure to remit within 30 days after written demand constitutes willful failure
✅ Key Requirements
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- Willful failure to comply with deposit return law triggers penalties
- Tenant can recover: wrongfully retained deposit PLUS statutory damages
- Statutory damages: $300 OR twice the amount wrongfully retained (whichever is GREATER)
- Failure to remit within 30 days after written demand = willful failure
- Court may award costs and attorney fees to prevailing party
- +2 more requirements
Security Deposit Transfer Upon Sale of Property
La. R.S. 9:3251
⏰ Timeline
Transfer upon sale/transfer of property
✅ Key Requirements
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- When landlord sells property during lease term, must transfer security deposit to new owner
- Transferor (original landlord) relieved of liability after proper transfer
- Transferee (new owner) becomes responsible for returning deposit at lease end
- New owner subject to same return requirements (30 days, itemized statement, etc.)
- Tenant can pursue new owner for wrongful retention
Security Deposit When Tenant Abandons Premises
La. R.S. 9:3251
⏰ Timeline
Return timeline does not apply if tenant abandons without proper notice
✅ Key Requirements
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- 30-day return requirement does NOT apply if tenant abandons premises
- Abandonment defined as: leaving without required notice OR leaving before lease termination
- Landlord not required to return deposit within 30 days if abandonment occurred
- However, landlord still must account for deposit eventually
- Landlord may retain deposit for unpaid rent and damages
Notice to Vacate Requirements
La. C.C.P. Art. 4701
⏰ Timeline
Minimum 5 days from delivery of notice; for leases with definite term, may be given up to 30 days before expiration
✅ Key Requirements
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- Written notice to vacate required before eviction proceedings
- Minimum 5 days from date of delivery for tenant to vacate
- Applies to: lease expiration, landlord action, nonpayment of rent, or any other reason
- For month-to-month leases: termination notice serves as notice to vacate
- For fixed-term leases: notice may be given up to 30 days before term expires
- +2 more requirements
Waiver of Notice to Vacate in Lease
La. C.C.P. Art. 4701
⏰ Timeline
Immediate eviction proceedings upon termination if waiver present
✅ Key Requirements
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- Tenant may waive 5-day notice requirement by written waiver in lease
- Waiver must be contained in the lease agreement itself
- If waived, landlord can immediately file eviction upon termination of occupancy
- Applies to termination for any reason (nonpayment, lease violation, expiration, etc.)
- No waiting period required if notice properly waived
Rule to Show Cause - Eviction Proceedings
La. C.C.P. Art. 4731
⏰ Timeline
After 5-day notice (or immediately if notice waived)
✅ Key Requirements
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- After tenant fails to vacate after notice (or if notice waived), landlord files rule to show cause
- Filed with court of competent jurisdiction
- Must state grounds for eviction
- Tenant is cited summarily to appear and show cause
- Court makes rule returnable not earlier than 3 days after service
- +1 more requirements
Landlord's Right to Retake Possession Upon Abandonment
La. C.C.P. Art. 4731
⏰ Timeline
After required notice given
✅ Key Requirements
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- Landlord may retake possession without court process if reasonable belief of abandonment
- Must give required notice first (5 days or as specified)
- Indicia of abandonment: cessation of business/residential activity, returning keys, removal of furnishings/equipment
- EXCEPTION: In federally declared disasters, cessation of residential occupancy NOT deemed abandonment for 30 days
- Violation during disaster: tenant can recover $500 or 2x monthly rent (whichever is greater)
- +2 more requirements
Trial of Eviction Rule
La. C.C.P. Art. 4732
⏰ Timeline
Trial held no earlier than 3rd day after service of rule
✅ Key Requirements
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- Court sets return date not earlier than 3 days after service of rule
- Court tries rule and hears tenant's defenses at hearing
- Tenant may present any legal defense
- If landlord prevails OR if tenant fails to answer/appear, court renders judgment of eviction
- Judgment orders tenant to deliver possession to landlord
- +1 more requirements
Judgment of Eviction
La. C.C.P. Art. 4732
⏰ Timeline
Judgment rendered immediately; effective for not less than 90 days; tenant has 24 hours to comply
✅ Key Requirements
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- Court renders judgment immediately if landlord entitled to relief
- Court renders judgment immediately if tenant fails to answer or appear
- Judgment orders tenant to deliver possession
- Judgment effective for minimum 90 days
- Tenant has 24 hours to comply with judgment
- +1 more requirements
Warrant for Possession and Execution
La. C.C.P. Art. 4733-4734
⏰ Timeline
Warrant issued immediately if tenant doesn't comply within 24 hours
✅ Key Requirements
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- If tenant doesn't comply with judgment within 24 hours, court issues warrant
- Warrant directed to sheriff, constable, or marshal
- Execution must be in presence of two witnesses
- Officer clears premises of all property to deliver possession to landlord
- Officer may break open locked/barred windows, doors, or gates if necessary
- +1 more requirements
Appeal of Eviction Judgment
La. C.C.P. Art. 4735
⏰ Timeline
Appeal and bond must be filed within 24 hours of judgment to suspend execution
✅ Key Requirements
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- Appeal does NOT automatically suspend eviction execution
- To suspend execution, tenant must: (1) answer rule under oath with affirmative defense, (2) apply for appeal within 24 hours, AND (3) file appeal bond within 24 hours
- Affirmative defense must entitle tenant to retain possession
- Court determines amount of suspensive appeal bond
- Bond amount must be sufficient to protect landlord from damages caused by appeal
- +1 more requirements
Landlord's Obligation to Make Repairs
La. Civ. Code Art. 2691
⏰ Timeline
Reasonable time after tenant's demand
✅ Key Requirements
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- Landlord must make all necessary repairs during lease
- Repairs must maintain property in condition suitable for its intended purpose
- Landlord responsible except for repairs tenant is responsible for
- Tenant must make demand for repairs (should be in writing)
- Landlord must act within reasonable time after demand
- +1 more requirements
Tenant's Right to Repair and Deduct
La. Civ. Code Art. 2694
⏰ Timeline
After landlord fails to repair within reasonable time after demand
✅ Key Requirements
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- Tenant must first make demand on landlord for necessary repairs
- Landlord must be given reasonable time to make repairs
- If landlord fails to repair, tenant may have repairs made
- Tenant entitled to immediate reimbursement OR deduct from rent
- Repair must be NECESSARY
- +3 more requirements
Landlord's Right to Enter for Repairs
La. Civ. Code Art. 2693
⏰ Timeline
When repairs cannot be postponed
✅ Key Requirements
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- Landlord may make repairs that cannot be postponed until lease end
- Landlord may proceed even if tenant suffers inconvenience or loss of use
- Tenant must give landlord reasonable access to make repairs
- No specific notice period required under Louisiana law
- Tenant may obtain rent reduction/abatement if significant loss of use
- +2 more requirements
Implied Warranty of Habitability
La. Civ. Code Art. 2696
⏰ Timeline
At all times during lease
✅ Key Requirements
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- Landlord warrants peaceful possession
- Property must be suitable for purpose leased
- Property must be free of vices or defects preventing its use
- Warranty exists even if not mentioned in lease (implied)
- Landlord must maintain property in habitable condition
- +2 more requirements
Tenant Abandonment of Premises
La. C.C.P. Art. 4731
⏰ Timeline
After required notice given
✅ Key Requirements
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- Landlord may retake possession if reasonable belief of abandonment
- Must give required notice first
- Signs of abandonment: cessation of activity, returning keys, removing property
- No court process required if abandoned
- Security deposit return timeline doesn't apply if tenant abandons without notice
- +1 more requirements
Prohibited Waivers of Tenant Rights
La. R.S. 9:3254
⏰ Timeline
N/A
✅ Key Requirements
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- Tenants cannot waive rights under security deposit law (Part IV)
- Any waiver is null and void
- Cannot waive right to: return of deposit within 30 days, itemized statement, penalties for wrongful retention, attorney fees
- Applies even if waiver is in written lease agreement
- Protects tenants from being forced to give up legal rights