As a landlord, you or your tenant sometimes need a little extra flexibility with a lease. In these cases, a month-to-month lease agreement allows you to rent a property one month at a time, with the agreement renewing automatically until you or your tenant terminates the arrangement.
Even so, a Louisiana month-to-month lease agreement is not informal or optional. Under this type of contract, once the tenant takes possession, state law applies for the length of the lease. Here’s everything you need to know about a tenancy at will in the Pelican State.
Disclosures (1)
Louisiana does not impose many mandatory disclosures, but landlords must still provide basic information before the tenancy begins.
1. Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards in homes built before 1978. They must also give tenants the EPA’s lead safety pamphlet.
Optional Disclosures and Addenda
Optional disclosures help reduce misunderstandings and document expectations, especially in month-to-month arrangements.
Asbestos: Informs tenants of any asbestos in the unit and ways to limit or prevent exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or adjacent units.
Landlord’s contact information: Lists the landlord’s name and contact information in case the tenant needs to reach them for something.
Late/returned check fees: Details the fees for late or returned rent checks. Louisiana law does not place a limit on late fees, but caps returned check fees at 5% of the check amount or $25, whichever is greater.
Medical marijuana use: Outlines the rules regarding the use of medical marijuana in the unit, as some states allow landlords to restrict its use.
Mold: Informs tenants of any mold present inside the unit, as well as treatment and remediation options.
Move-in checklist: Details the condition of the unit at move-in, including any existing damages. Landlords can use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Lists any non-refundable fees that the landlord charges during the tenancy. In some instances, any fee not explicitly outlined in the lease as non-refundable is automatically considered refundable.
Shared utilities: If any units in the building share a utility meter, landlords must explain how they split utility charges between tenants.
Smoking: Outlines the smoking policy for the rental, including any designated smoking areas on the property.
Additional Louisiana Month-to-Month Lease Laws
Louisiana law continues to govern the tenancy throughout the rental, even when the lease renews monthly. These rules affect notice requirements, rent changes, and more. Here’s what you need to know.
Notice to Terminate a Month-to-Month Agreement
Louisiana has a shorter notice period than many states, which can come as a surprise to landlords who may be new to the state.
Required notice for tenant: Tenants must give at least 10 days’ written notice before terminating a month-to-month lease (La. Civ. Code art. 2728).
Required notice for the landlord: Landlords must also provide tenants with at least 10 days’ written notice to terminate a month-to-month agreement (La. Civ. Code art. 2728).
Laws Governing Rent Increases
Month-to-month leases allow landlords to revisit rent more frequently, but Louisiana law still requires landlords to give proper notice.
Louisiana does not have rent control or rent stabilization laws. State law does not limit how much a landlord may increase rent; however, landlords must give their tenants notice of the increase before it takes effect.
Lease Violations and Eviction
Louisiana law outlines specific steps landlords must follow when lease issues arise.
Missed rent payment: If a tenant fails to pay rent, landlords may issue a 5-day Notice to Quit before filing for eviction (La. Code Civ. Proc. art. 4701).
Lease violation: For other lease violations, landlords may also issue a 5-day Notice to Quit. They do not need to give their tenant time to fix the issue before beginning the eviction process.
Lease abandonment: If a tenant leaves the unit without notice and shows no intent to return, landlords may treat the property as abandoned and take steps to secure and re-rent it (La. Code Civ. Proc. art. 2002).
Self-help evictions: In Louisiana, removing a tenant on your own is illegal.
Rent Payment Laws
Rent payment rules in Louisiana emphasize clarity over heavy regulation.
Rent control/stabilization: Louisiana does not have rent control or rent stabilization laws.
Late rent fees: State law does not cap late fees. Landlords may charge reasonable late fees if they clearly disclose them in the lease.
Grace period: Louisiana law does not require landlords to offer a grace period unless the lease includes one.
Tenant’s right to withhold rent: Typically, tenants cannot withhold rent in Louisiana. If a landlord does not make the necessary repairs within 14 days of being notified, the tenant may pay for the repairs and either deduct the cost from the rent or request reimbursement. The repair must be necessary, and the tenant must provide a receipt (La. Civ. Code art. 2694).
Pet rent laws: Landlords may charge pet rent or collect a pet deposit, provided the amounts are reasonable, and the lease template clearly outlines the charges.
Security Deposits
Louisiana’s security deposit rules give landlords the flexibility to use their discretion when setting and collecting a security deposit.
Maximum amount: Louisiana does not limit the amount landlords may collect as a security deposit.
Deposit receipt: Landlords are not required to provide a receipt for the security deposit.
Interest payments: Louisiana law does not require landlords to pay interest on security deposits.
Security deposit return: Landlords must return the security deposit, minus any deductions, within 1 month after the tenant moves out (La. Rev. Stat. § 9:3251).
Deductions: Landlords may deduct from the security deposit to cover unpaid rent or damages beyond the normal wear and tear. Always provide an itemized list of deductions to provide clarity (La. Rev. Stat. § 9:3251).
Property Access Laws
Louisiana law allows landlords the freedom to access the property, whether for routine maintenance or an emergency. However, it is best practice to always consider and respect the tenant’s privacy.
Advance notice: State law does not set a specific notice period, but landlords must provide reasonable notice before entering a unit for non-emergency reasons.
Immediate access: Landlords may enter without notice in emergencies.
Harassment: Repeated entry without giving reasonable notice or entering without just cause may cause landlords to face civil and/or financial penalties.
