A Louisiana rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Louisiana landlord-tenant law governs and regulates these agreements.
Louisiana Rental Agreement Types
A Louisiana roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Common Residential Rental Agreements in Louisiana
- New Orleans Metropolitan Association of REALTORS® Residential Lease – this is template, for use by members of the REALTORS® Boards only. It is in common use for residential leases throughout Louisiana. The lease provides an extensive list of rules and procedures, such as the tenant’s responsibilities for the individual rental unit.
Louisiana Required Lease Disclosures
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a Louisiana residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Louisiana, click here.
Louisiana Landlord Tenant Laws
- Warranty of Habitability – Louisiana landlords can only rent out habitable property, which means providing certain features essential to basic health and safety like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within a reasonable time after proper notice from the tenant. Failure to repair lets a tenant sue the landlord or terminate the lease. Tenants usually aren’t allowed to repair and deduct, or withhold rent.
- Evictions – Louisiana landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to quit, depending on the eviction type. This means most evictions in Louisiana take between a few days to a few months.
- Security Deposits – Louisiana does not set a maximum cap on the amount of a security deposit. Upon lease termination, a landlord has one month to return any unused portion of a deposit.
- Lease Termination – Louisiana lets tenants break a month-to-month lease with 10 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Louisiana does not set a maximum cap on the amount or frequency of a rent increase, or require any particular amount of advance notice. Landlords may charge any reasonable late fee as long as it’s agreed in the lease. Returned check fees are capped at a $25 return fee or 5% of the amount of the check (whichever is greater), and the fee amount must be agreed in the lease or prominently posted in the landlord’s place of business.
- Landlord Entry – Louisiana landlords may enter rental property for purposes reasonably related to the tenancy, like maintenance and inspections. Louisiana doesn’t have a specific entry statute, so landlords only have to provide “reasonable” advance notice (by custom, at least 24 hours) and enter at reasonable time.
- Settling Legal Disputes – Louisiana allows landlord-tenant disputes in its small claims courts, as long as the amount in controversy is under $5,000. Unlike many states, Louisiana allows evictions in small claims. Most parishes in Louisiana have a 10-year statute of limitations for contract issues like landlord-tenant cases.
To learn more about landlord tenant laws in Louisiana, click here.
Sources
- 1 La. Stat. tit. 9 § 2782(B)
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The payee, his agent or assignee, or a holder may charge the drawer of the check a service charge not to exceed twenty-five dollars or five percent of the face amount of the check, whichever is greater, when making written demand for payment. The payee shall post a notice indicating the amount to be charged a drawer of a check if the check is returned for nonsufficient funds. Such notice shall be posted on the payee’s business premises in a convenient and conspicuous place where persons entering the location will see it.
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