Louisiana Lease Agreement

Required Landlord Disclosures (1)

Disclosures are mechanisms for informing tenants about elements of a rental property. They vary from state to state, and landlords must provide them in writing at the time of lease signing.

There are no required disclosures in the state of Louisiana. Still, landlords must include the federally mandated lead paint disclosure.

1. Lead-Based Paint: Federal law requires all landlords with units built before 1978 to disclose any lead-based paint or lead-based paint hazards on the property.

Security Deposit Regulations

Maximum Security Deposit Amount: In Louisiana, there is no established minimum amount a landlord can charge for security deposits.

Receipt of Deposit: Landlords in Louisiana are not required to provide a receipt of the security deposit to tenants.

Deduction Tracking: Landlords are allowed to withhold security deposit funds to cover unreasonable wear on the property or necessary repairs due to the tenant. If landlords withhold funds from the security deposit, they must provide the tenant with an itemized list of the deductions (La. Rev. Stat. § 9:3251).

Returning a Tenant’s Security Deposit: Security deposits must be returned to tenants within 1 month from the end of the lease term (La. Rev. Stat. § 9:3251).

Landlord’s Access to Property

Advance Notice: Louisiana has no state law specifying how or when a landlord may enter a tenant’s unit, so only “reasonable” notice is required.

Immediate Access: Since no state law dictates how or when a landlord may enter a property in Louisiana, landlords are permitted to enter a unit at any time in cases of emergency without providing advance notice.

Landlord Harassment: Although no state law outlines how a landlord can enter a tenant’s unit, excessive entry can result in a constructive eviction. A constructive eviction enables a tenant to break the lease without penalty.

Rent Payment Laws

Grace Period: Louisiana does not require a grace period for late rent payments.

Late Rent Fees: There is no limit on late fees in Louisiana, but common practice is to include that information in the lease agreement.

Tenant’s Right to Withhold Rent: Tenants cannot withhold rent. However, suppose a landlord fails to make necessary repairs within 14 days of notice (sooner in the case of an emergency). In that case, tenants may handle the repair independently and deduct the cost from the rent or demand immediate reimbursement from the landlord. Tenants must provide a receipt for the work, and the repair must be necessary (La. Civ. Code § 2694).

Breach of Rental Agreement

Missed Rent Payment: Following a missed rent payment, landlords in Louisiana can deliver a 5-day notice to quit. They do not need to give the tenant a chance to pay before continuing the eviction process (La. Code Civ. Pro. § 4701).

Lease Violation: In Louisiana, any lease violation can result in a 5-day notice to quit. Landlords are not required to give the renter a chance to cure the violation (La. Code Civ. Pro. § 4701).

Self-Help Evictions: Louisiana landlords should never attempt to evict a tenant on their own. Self-help evictions are illegal in Louisiana and may result in the landlord being held liable for civil or legal penalties.

Lease Abandonment: Tenants who leave a property before the end of their lease term could be responsible for all rent payments through the end of the lease, plus other civil penalties. Landlords must make reasonable efforts to mitigate the damages by re-renting the unit as soon as they find a qualified tenant (La. Code Civ. Pro. § 2002).

Ending a Lease

Month-to-Month: Landlords and tenants can end a month-to-month lease with 10 days’ written notice (La. Code Civ. Pro. § 2728).

Fixed-Term: Tenants may end a lease early and without penalty if they meet a qualifying condition. Conditions include entering into active military duty, disability or physical impairment, landlord harassment, or if the tenant is the victim of domestic abuse or sexual violence.

Property Abandonment: Louisiana does not state explicit guidelines around what to do if a tenant leaves property behind after leaving the property.

Renewing a Lease

Required Renewals: Louisiana landlords are not required to renew a tenant’s lease when the lease term expires.

Required Notice: If a landlord in Louisiana does not intend to renew a fixed-term lease, they must inform the tenant at least 30 days before the lease’s expiration. For month-to-month leases, 10 days written notice is required (La. Code Civ. Pro. § 4701).

Rent Control & Stabilization

Louisiana does not have statewide rent control or rent stabilization laws, meaning landlords can increase the rent by any amount. They must provide written notice of the rent increase to any active tenants.