Louisiana Landlord-Tenant Laws

N/A

• 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

Failure to remit within 30 days after written demand constitutes willful failure

• 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

Return timeline does not apply if tenant abandons without proper notice

• 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

Minimum 5 days from delivery of notice; for leases with definite term, may be given up to 30 days before expiration

• 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

After 5-day notice (or immediately if notice waived)

• 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

After required notice given

• 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

Judgment rendered immediately; effective for not less than 90 days; tenant has 24 hours to comply

• 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 issued immediately if tenant doesn't comply within 24 hours

• 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

Reasonable time after tenant's demand

• 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

After landlord fails to repair within reasonable time after demand

• 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

At all times during lease

• 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

After required notice given

• 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