Louisiana Security Deposit Returns and Deductions

Louisiana Security Deposit Returns and Deductions

Last Updated: January 24, 2024 by Phil Ahn

Quick Facts Answer
Acceptable Deductions Unpaid rent, utilities & late fees

Costs of damage

Costs due to a breach of the lease
Return Deadline 1 Month
Itemized Deductions Required
Penalty for Late Return 2x Amount Due + Court Costs + Attorneys’ Fees

For laws on security deposit collections and holdings in Louisiana, click here.

Security Deposit Deductions in Louisiana

In Louisiana, the following can be deducted from security deposits:

  • Unpaid rent, utilities, and late fees
  • Costs of damage excluding normal wear and tear
  • Costs due to a breach of the lease agreement

Most states, such as Louisiana, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.

If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.

What is Considered Normal Wear and Tear in Louisiana?

“Normal wear and tear” is deterioration that occurs naturally as a result of the tenant using the property as it was designed to be used.

Examples include:

  • Gently worn carpets
  • Lightly scratched glass
  • Faded paint and flooring
  • Lightly dirtied grout
  • Loose door handles
  • Stained bath fixtures

“Damage” means destruction to the rental unit that occurs because of abuse or negligence by a tenant during the course of the tenancy.

Examples include:

  • Heavily stained, burned, or torn carpets
  • Broken tiles or windows
  • Holes in the wall
  • Missing fixtures

Can the Landlord Charge for Replacing the Carpet in Louisiana?

Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.

example

A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.

Can the Landlord Charge for Nail Holes in Louisiana?

In Louisiana, landlords can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit.

Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.

However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage and thus, chargeable to the tenant.

Can the Landlord Charge a Cleaning Fee in Louisiana?

Landlords can make deductions from the security deposit for cleaning if the tenant causes damage that requires cleaning (e.g. wine stains on the carpet). Landlords can also make deductions for returning the rental unit to its condition at the start of the tenancy if the tenant leaves without cleaning.

Can the Landlord Charge for Painting in Louisiana?

In Louisiana, landlords can charge for painting, except for normal wear and tear. For example, if the tenant:

  • Causes damage beyond normal wear and tear
  • Repaints the wall but is not permitted to do so under the lease agreement
  • Repaints the wall in an unprofessional way

Normal wear includes:

  • Minor scrapes from daily use
  • Fading due to sunlight
  • Minor cracks in the original paint

Landlords can charge for repainting if the damage is not the result of normal use. This includes stains, large or deep scratches, and water damage.

Security Deposit Returns in Louisiana

Landlords must return any remaining portion of a security deposit within one month after the termination of the lease. If deductions are to be made from the security deposit, an itemized statement of deductions must be provided.

How Long Do Landlords Have to Return Security Deposits in Louisiana?

Louisiana landlords have one month  after the termination of the lease to return any remaining portion of the security deposit.

Do Landlords Owe Interest on Security Deposits in Louisiana?

Louisiana law does not require landlords to provide interest on held security deposits.

How Do Landlords Give Notice in Louisiana?

If deductions are to be made from the security deposit, an itemized statement of deductions must be sent to the tenant’s forwarding address.

Can a Security Deposit Be Used for Last Month’s Rent in Louisiana?

Louisiana law does not forbid the security deposit from being used for any outstanding rent.

Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.

Security Deposit Disputes in Louisiana

If landlords do not return the security deposit or provide an itemized statement of deductions, if any, within the required time period, tenants can file for the return of the security deposit and damages in court up to two times the amount wrongfully withheld or $300, whichever is greater, plus court costs and reasonable attorneys’ fees.

However, a tenant cannot claim damages, court costs, and attorneys’ fees unless they make a written demand and the security deposit is still not returned after 30 days.

Tenants can make the request when providing a forwarding address or after the landlord’s failure to return the security deposit. Tenants can also take legal action against a landlord for unreasonable deductions.

How Can Tenants File a Dispute for a Security Deposit in Louisiana?

If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in Small Claims Court.In Louisiana, tenants can file a case in Small Claims Court if the amount disputed is less than $5,000. If the amount is greater, the tenant must file a civil case in City Court or Parish Court.

note

Some Small Claims Courts in Louisiana do not allow plaintiffs to claim statutory penalties (like double damages). If the tenant believes the landlord willfully failed to return the security deposit and wants to claim the extra penalty, the claim must be filed as a civil case, rather than a small claim.

A small claims case regarding the return of a security deposit must be filed within one year.

Cases are filed in the Small Claims Court where the rental property is located or where the defendant lives or does business. An attorney is not required but permitted.

Sources

Security Deposit Returns in Other States