Louisiana Landlord Tenant Laws
January 31, 2023
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|Required Disclosures |
Rent and Fees
Application Fees: N/A
Rent Control: None
Late Fee Limit: N/A
Grace Period Minimum: N/A
Amount Limit: N/A
Return Within: 1 month
Permitted Times of Entry: N/A
|Fair Housing Protections|
Rent Demand Notice: 5-day notice to quit
Notice for Lease Violation: 5-day notice to quit
Unconditional Notice to Quit: 5-day notice to quit
Louisiana Landlord-Tenant Law
Understand the essential Louisiana state landlord tenant laws before enforcing your own rental policies. Find more information in the Louisiana state law code.
Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Rent and Fees
- Rent Due Date: In the absence of a lease agreement, rent is due at the beginning of each month (La. Civ. Code § 2703).
- Application Fees: Rental application fees are not regulated by Louisiana rent laws.
- Rent Increases: There is no statewide rent control in Louisiana.
- Late Fees: There is no limit on late fees in Louisiana.
- Grace Period: There is no mandatory grace period in Louisiana.
- NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $25 or 5% of the check (La. Rev. Stat. § 9:2782(B)).
- Withholding Rent/Repair and Deduct: If the landlord does not make necessary repairs within 14 days (or sooner for emergencies), tenants in Louisiana may arrange for the repair and deduct the cost from the rent, or demand immediate reimbursement, after providing a notice. However, the repair must be necessary, and the cost must be reasonable (La. Civ. Code § 2694).
- Deposit Limit: There is no limit on security deposit amounts in Louisiana.
- Interest: Landlords are not required to pay interest on security deposits.
- Return Within: 1 month (La. Rev. Stat. § 9:3251).
- Deposit Location: Landlords are not required to keep security deposits in a separate bank account.
- Withholding: Landlords may withhold funds from the security deposit that are “reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear” to the property. If the landlord withholds funds from the security deposit, they must provide an itemized list of deductions.
Tenant Screening and Fair Housing Protections
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Louisiana state law reaffirms these protections (La. Rev. Stat. § 2606).
- Louisiana landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
- Criminal background checks may be used during tenant screening in Louisiana.
- Louisiana landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
- Advanced Notice: There is no state law in Louisiana requiring landlords to give advance notice before entering a property.
- Permitted Times: Louisiana state law does not designate any time-of-day entry restrictions.
- Emergency Entry: In case of emergency, landlords may enter without prior notice or consent.
- Rent Demand Notice: 5 days to quit (La. Code Civ. Pro. § 4701).
- Notice for Lease Violation: 5 days to quit. According to Louisiana eviction laws, a notice of violation of lease applies when a tenant fails to fulfill any of their obligations as per the rental agreement (La. Code Civ. Pro. § 4701).
- Unconditional Notice to Quit: 5 days to quit (La. Code Civ. Pro. § 4701).
Other Laws and Facts About Louisiana
- The median rent rate in Louisiana is $1,395.
- The median rent rate in Baton Rouge is $1,305.
- If a lease provision in Louisiana is unclear or ambiguous, it must be construed against the landlord and in favor of the maintenance of the lease (New Orleans Minority Business Center, Ltd. v. Duong).