A Louisiana sublease agreement is a contract that allows an original tenant to lease to a new occupant while the landlord retains complete control over the rental terms. This document supports a smooth transition between tenants, keeps the new party aligned with the original lease, and maintains lawful use of the property.
Does a tenant need a landlord’s permission to sublease in Louisiana?
A landlord sets clear expectations by including in the lease whether a tenant may sublease, because state rules give the landlord complete control over this decision (Louisiana Civil Code Article 2713). If the original Louisiana lease agreement restricts subleasing or requires consent, the tenant must obtain written permission before proceeding.
To manage future leases more efficiently, property owners can use a legally reviewed lease agreement builder to create a contract that reflects their preferred subleasing terms.
Information to Include in a Louisiana Sublease
A landlord maintains a consistent rental process when they approach a sublease the same way they handle any standard lease. The following points outline the key information landlords should include within a Louisiana sublease:
Names of landlord and sublessor: Include the full legal names of both parties so the sublease clearly identifies who holds responsibility for the rental terms.
Rental unit address: Include the full property address to ensure everyone understands which unit is covered by the sublease.
Length of the sublease agreement: Note the start and end dates to establish a clear timeline and keep all expectations aligned.
Rent amount: Record the monthly rent the sublessor must pay and specify how the landlord expects to receive each payment.
Division of utilities: Identify which utilities the sublessor must cover and use the landlord-tenant utility agreement to divide costs accurately.
Security deposit information: State the deposit amount and explain how the landlord handles refunds, in compliance with Louisiana security deposit laws.
Maintenance protocols: Describe how the sublessor should request rental property maintenance and set expectations around routine tasks and more urgent needs.
Property policies: Cover rules on noise, guests, parking, and other standards the landlord relies on to keep the property well-managed.
Early termination terms: Explain the conditions that allow either party to end the sublease early and note any fees or timelines tied to that choice.
Landlord’s right to entry: Specify when the landlord may enter the rental property and outline the notice the sublessor should receive before access.
Renter’s insurance: Indicate whether the sublessor must carry renter’s insurance and describe the coverage the landlord considers necessary for the unit.
Landlord’s consent to sublease: Confirm the landlord has approved the sublease and mention any conditions connected to that approval.
Subtenant’s obligation to comply with the master lease: State that the sublessor must comply with every term of the original lease so the landlord maintains consistent standards across the entire rental.
Move-in condition checklist: Record the unit’s condition at the start of the sublease and attach a move-in condition report to support clear expectations about damage or wear.
Emergency contact information: Provide reliable contact details so everyone can respond quickly and effectively in an emergency.
Guest policy: Outline clear rules for visitor stays to help the landlord maintain a predictable, well-managed environment.
Copy of master lease: Share a full copy of the original lease so the sublessor understands the same rules the landlord enforces for all tenants.
Signatures: Gather all required signatures and use e-sign options when helpful to keep the process organized and straightforward.
Additional attachments: Include any supporting documents the landlord relies on, such as disclosures, addenda, or property-specific rules.
Taxes Implications for Short-Term Subleases
A landlord should evaluate whether a short-term sublease meets the definition of a taxable lodging arrangement under state or local rules. In many Louisiana jurisdictions, renting a unit for fewer than 30 consecutive days can trigger state sales tax and local lodging or occupancy taxes.
Short-term rental operators must collect state sales tax under rules for sleeping rooms and may also owe local taxes based on parish or municipal requirements, as outlined in Louisiana Revenue Sales Tax Guidance.
Landlords should also review local lodging tax rules in their area, because rates and enforcement can vary widely across parishes.
For example, within the Orleans Parish, tax includes:
- Louisiana State Sales Tax – 4.5%
- Louisiana Stadium and Exposition District Room Occupancy Tax – 4%
- Ernest N. Morial New Orleans Exhibition Hall Authority Tax – 3%
- Hotels with 10 to 299 rooms – .50 cents
- Hotels with 300 to 999 rooms – $1.00
- Hotels with 1,000 or more rooms – $2.00
