A Louisiana lease agreement lays the very foundation for your landlord-tenant relationship. Whether you’re renting a shotgun house in New Orleans or an apartment in Baton Rouge, a well-drafted lease agreement protects your property and ensures compliance with all relevant state laws.
Disclosures (1)
Landlords must disclose specific information to tenants before move-in, which helps tenants make informed decisions and ensures everyone starts on the same page.
- Lead-based paint: Federal law requires that landlords disclose any known information about lead-based paint and its hazards for most rentals built before 1978.
Optional Disclosures and Addenda
Adding optional disclosures isn’t required by law, but it’s good practice. Laying out extra details now can help avoid potential confusion down the road. Consider adding the following disclosures to your Louisiana lease agreement.
Asbestos: Informs tenants of any asbestos that may be in the unit, as well as tips for minimizing risk.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or adjacent units.
Landlord’s contact information: Provides tenants with your contact details so they can easily reach you in the event of an emergency.
Late/returned check fees: Outlines late fees or returned check fees associated with the lease. In Louisiana, there is no limit on the amount of the late fee. Returned check fees are limited to 5 percent of the check or $25, whichever is greater.
Medical marijuana use: Explains the policy for the use of medical marijuana, including any restricted forms.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, including options for treatment.
Move-in checklist: Outlines the condition of the unit at move-in, including any damages. Landlords also use this checklist at move-out to help determine deductions.
Non-refundable fees: Non-refundable fees must be disclosed and agreed to in the lease.
Shared utilities: Landlords must outline how they will divide utility costs if there are any shared meters.
Smoking: Outlines the smoking policy on the property, including any designated smoking areas.
Consequences of Not Including Mandatory Disclosures
Failure to include a mandatory disclosure can result in severe consequences, from financial penalties to legal consequences and civil lawsuits. Always follow all state and local laws.
Security Deposit Regulations in Louisiana
Louisiana sets clear rules regarding security deposits, including the amount that landlords can charge and the timeframe for returning the funds. Following these rules helps avoid any confusion at move-out.
Maximum amount: Louisiana does not limit the amount that landlords can charge as a security deposit.
Deposit receipt: Louisiana landlords do not have to provide tenants with a receipt for their security deposit.
Security deposit return: Landlords must return a tenant’s security deposit, minus any deductions, within 1 month of lease termination (La. Rev. Stat. § 9:3251).
Deductions: Landlords are permitted to withhold deductions from the security deposit to cover damages to the property. If a landlord withholds any deductions, they must provide an itemized list justifying the deductions (La. Rev. Stat. § 9:3251).
Rent Payment Regulations
Louisiana has clear guidelines in place regarding rent payments, from charging late fees to a tenant’s right to withhold rent. Here’s what you need to know.
Rent control/stabilization: Louisiana does not have any state-wide rent control or stabilization laws. Landlords are free to raise the rent as they see necessary, but must provide written notice.
Late rent fees: Landlords are not limited in what they can charge as a late fee; however, they must outline this information in the lease.
Grace period: Landlords are not required to grant a grace period for late rent payments in Louisiana.
Tenant’s right to withhold rent: If a landlord fails to make a necessary repair within 14 days of notice, tenants may handle the repair themselves and deduct the cost from a future rent payment (La. Civ. Code § 2694).
Violations
Lease violations can happen to anyone, even with a strong Louisiana lease agreement. State law clearly outlines how to handle these violations, enabling you to respond appropriately.
Lease violation: Landlords may issue a 5-day Notice to Quit for any lease violation (La. Code Civ. Pro. § 4701).
Missed rent payment: After a missed rent payment, landlords may issue a 5-day Notice to Quit and do not have to allow the tenant to make a payment (La. Code Civ. Pro. § 4701).
Lease abandonment: If a tenant abandons their lease before the end of its term, they may still be responsible for the remainder of the Louisiana lease agreement. To help minimize this, landlords should try to re-rent the unit as soon as possible (La. Code Civ. Pro. § 2002).
Self-help evictions: In Louisiana, self-help evictions are illegal, and landlords should never attempt them.
Terminating a Lease
Whether terminating the lease is the decision of the tenant or the landlord, there are clear rules regarding terminating your Louisiana lease agreement.
Standard lease: Tenants may terminate their fixed-term lease early and without penalty if they meet certain conditions, such as active duty military service, domestic violence, or landlord harassment.
Month-to-month: Either a landlord or a tenant can terminate a month-to-month rental agreement with 10 days’ written notice (La. Code Civ. Pro. § 2728).
Property abandonment: Louisiana lacks clear guidelines on how landlords should handle properties left behind by tenants.
Renewing a Lease
Renewals provide an opportunity to retain good tenants. A clear and thoughtful renewal process helps you reduce turnover and maximize your rental income.
Notice requirements: Landlords are required to give 30 days’ notice if they don’t plan to renew a fixed-term lease. For month-to-month leases, 10 days’ notice must be given (La. Code Civ. Pro. § 4701).
Renewals: Landlords are not required to renew a tenant’s Louisiana lease agreement automatically.
Landlord’s Access to Property
Louisiana landlords have the right to access their property, but only under certain conditions. Respecting the notice requirements helps to maintain a positive relationship while respecting the privacy of your tenant.
Immediate access: In an emergency, Louisiana landlords may access the property without giving notice.
Notice requirements: Louisiana does not have any state-wide regulations on how much notice must be given to tenants to access the property, so only “reasonable” notice is required.
Harassment: Failure to follow these regulations is often considered landlord harassment and may be deemed such. In these cases, tenants can usually terminate their lease early and without penalty.
