Under Louisiana law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Louisiana Code Title IX Chapter I, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Louisiana
In Louisiana, landlords can’t legally rent property out unless it meets basic health and safety requirements. Most habitability regulation is done locally in Louisiana, but here is a list of amenities and how they relate to the statewide habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Not Addressed | Not Addressed |
| Hot Water | Not Addressed | Not Addressed |
| Kitchen Appliances | Not Addressed | Not Addressed |
| Garbage Containers/Removal | Not Addressed | Not Addressed |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Louisiana
Landlords must perform necessary repairs in a timely manner. In Louisiana, landlords must make repairs within a “reasonable time” after getting notice about an issue from tenants.
If repairs aren’t made in a timely manner, Louisiana tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or contract for repairs and deduct from the rent.
Tenant Responsibilities in Louisiana
Aside from paying rent on time, Louisiana tenants must:
- Comply with all building and housing laws that affect health and safety.
- Keep the premises clean and safe.
- Dispose of all rubbish, garbage, and other organic or flammable waste in a clean and safe manner.
- Keep all plumbing fixtures in the dwelling unit clean.
- Properly use and operate all electrical and plumbing fixtures and appliances.
- Not destroy, deface, or remove any part of the premises.
- Keep the dwelling unit and all facilities, appliances, furniture, and furnishings in good condition.
Evictions in Louisiana
Louisiana landlords have broad authority to evict tenants for any of the following reasons:
- Nonpayment of Rent: If Louisiana tenants miss a rental payment beyond any grace period outlined in a lease agreement, then the landlord can send them a 5-Day Notice to Pay. If these terms are not met, the landlord can start eviction proceedings.
- Violation of Lease Terms: If a tenant is found violating lease terms, then the landlord can send a 5-Day Notice to Quit. Landlords do not need to allow their tenants to correct the issue.
- End of Lease / No Lease: If a tenant stays in the rental unit after the lease term has expired, the landlord must give notice before proceeding with an eviction. The notice depends on the type of tenancy.
- Less Than One Week: Notice can be given at any time.
- At Least One Week but Less Than One Month: 5-Day Notice to Quit.
- Month-to-Month: 10-Day Notice to Quit.
- Longer Than One Month: 30-Day Notice to Quit.
- If There Is No Definite Term on Lease: 5-Day Notice to Quit.
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Louisiana
Unlike most states, Louisiana doesn’t have a statute that prohibits landlords from retaliating against tenants for things like reporting a code violation. However, Louisiana does recognize retaliation as a potential defense when a landlord attempts eviction, so tenants can claim landlord retaliation as a defense in court.
Security Deposits in Louisiana
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, and costs due to a breach of the lease agreement.
- Time Limit for Return: 1 month.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld or $300 (whichever is greater) plus court costs and attorneys’ fees.
Lease Termination in Louisiana
Notice Requirements: Tenants who have a fixed-date lease are not required to provide any notice before the lease expires. Otherwise, landlords must give the following notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 5 Days |
| Month-to-Month | 10 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 30 Days |
Early Termination: A lease can be legally broken in Louisiana for the following reasons:
- Early termination clause.
- Active military duty.
- Landlord harassment.
- Lease violation.
Cost of Breaking a Lease in Louisiana
If a Louisiana tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Louisiana
Louisiana does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Louisiana does not have rent control, landlords can raise the rent by any amount, as often as they choose, as long as they avoid discrimination and do not increase the rent during the lease term unless the lease agreement allows for it.
Louisiana state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in Louisiana
Protected Groups: The Fair Housing Act prohibits Louisiana landlords from discriminating against tenants on the basis of race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to some owner-occupied homes or homes run by religious organizations.
Louisiana does not offer special protections for any groups not listed in the Fair Housing Act. However, there is a precedent of Louisiana courts protecting immigrants from discrimination.
Discriminatory Acts & Penalties: The following acts may be considered discriminatory when directed towards a member of a protected class:
- Refusing to rent or sell on a bona fide offer.
- Offering different terms, conditions, or privileges.
- Falsely claiming a unit is unavailable.
- Refusing to provide certain financial services like a mortgage or a loan.
- Persuading or coercing individuals to sell against their best interests.
- Posting advertisements that encourage or discourage certain groups from applying.
Complaints about housing discrimination in Louisiana can be made to the Louisiana Attorney General’s office. The decision of the Attorney General’s office can be used to support a civil suit.
Additional Landlord Tenant Regulations in Louisiana
In addition to having laws that address general issues like repairs and security deposits, most states, including Louisiana, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Louisiana
Landlords in Louisiana can enter rental property for reasonable purposes related to the tenancy. Louisiana has almost no regulations on a landlord’s right of access, so the lease usually controls in this area. Tenants only have a general and non-specific right to peaceful possession of the property.
Rent Collection & Related Fees in Louisiana
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Louisiana
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000, excluding penalties, court costs, and attorneys’ fees. However, some Small Claims Courts in Louisiana do not allow plaintiffs to claim statutory penalties (like double damages).
Louisiana Small Claims Court is a division of City Court. In rural areas, small claims are filed in a Justice of the Peace Court. The process takes approximately two to three months.
Mandatory Disclosures in Louisiana
Louisiana landlords are required to make the following mandatory disclosure:
- Lead-Based Paint: Landlords who own homes built before 1978 must provide info about the concentrations of lead paint.
Changing the Locks in Louisiana
Louisiana tenants can change their locks at will, as long as they provide the landlord any new keys so the landlord retains all rights of access. Landlords are not allowed to unilaterally change locks on tenants, as this is considered a form of illegal “self help” eviction.
Additional Resources for Louisiana Renters
Many cities in Louisiana have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
