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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Below is an overview of some of the rights and responsibilities of both landlords and tenants in Louisiana.
Louisiana tenants have the right to:
Tenants in Louisiana are required to:
Louisiana landlords have the right to:
Landlords in Louisiana are required to:
Are landlords in Louisiana required to give notice before entering the property?
Louisiana does not have any "Right to Entry" regulations, which means landlords are free to enter their rental property whenever prior notice is given to tenants. However, as good practice, reasonable notice is usually required. Reasonable notice is generally considered at least 24-48 hours.
Are landlords in Louisiana allowed to enter the property to conduct maintenance and repairs?
Louisiana landlords can enter the property to resolve any issues raised by the tenant, provided that it is at the request of the tenant.
There is no law in Louisiana that restricts landlords' ability to collect late fees or caps the amount they can charge. However, late fees are expected to be reasonable and specified in the lease.
Source: A Guide to Louisiana Landlord and Tenant Laws
SECTION 2
Rent issues in Louisiana are governed by the Louisiana Residential Landlord and Tenant Act (LRLTA).
Louisiana does not have a statewide rent control legislation in place. As such, landlords have the liberty to increase their rents as they deem fit. However, there are still certain Louisiana rent increase laws they are required to adhere to.
Landlords in Louisiana are required to give renters written notice of any increases in rent. However, there is no specified notice period.
If the tenant has signed a fixed-term lease landlords cannot raise the rent during the lease term and instead must wait until the end of the lease. For tenants on month to month or week to week tenancies landlords have more flexibility.
While there is no state-wide rent increase notice requirements in Louisiana, landlords should always try and give tenants “reasonable” notice before increasing the rent. Typically, 30-60 days notice is deemed “reasonable”.
Additionally, landlords are not required by law to provide tenants notice of an increase in rent during renewal of tenancy. All that needs to happen is for the new lease agreement to reflect the new rent amount.
In Louisiana, a few counties and municipalities have enacted their own rent control laws. The amount of rent increases that are permitted during a given time frame may be restricted by these ordinances.
For example, the city of New Orleans has a rent control ordinance that, with some exceptions for specific property categories, caps yearly rent increases at 5%.
Additionally, it is against the law for landlords to raise rent in order to discriminate against or take revenge on tenants for exercising their rights.
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Source: Rent Increases | Louisiana Legal Services and Pro Bono Desk Manual
SECTION 3
A lease agreement is necessary for both parties in Louisiana because it guarantees that each party's rights and obligations are spelled out in detail and provides legal protection.
Leases in Louisisiana do not have to be in writing to be legally enforceable. The lease may be oral, especially if it is for a short period of time. However, it is always recommended to have a lease in writing, even for short term tenancies to avoid potential legal disputes. (La. Civ. Code art. 2681)
Here are some of the key components that should be included in a Louisiana lease agreement to ensure a smooth and fair rental experience for all parties involved.
Free Resources: Louisiana Lease Agreement Templates | eForms
Source: Real Estate Leasing - Louisiana Division of Administration
SECTION 4
Louisiana law does not place a cap on how much a landlord can demand as a security deposit. Typically, most Louisiana landlords charge between one to two month's rent as security deposit.
For tenants who are on section 8 housing assistance and only pay a portion of the rent, landlords may charge a deposit equivalent to the full contract amount.
Louisianan landlords have the right to impose a 'no pet' policy on their rented property. However, in Louisiana, emotional support and service animals are exempted from traditional 'no pet' policies.
If they do allow pets on their property, landlords in Louisiana are allowed to demand a non-refundable pet deposit in addition to the security deposit. The only exemptions from this fee are tenants with service animals.
Additionally, it's crucial that landlords include a detailed description of these fees in the formal lease agreement.
Louisiana has specific rules and guidelines landlords are expected to follow when it comes to deductions from the security deposit. Here are some crucial considerations:
There's no law in Louisiana that requires landlords to hold security deposits in a specific way.
Landlords are required by law to return the full security deposit to a tenant 30 days following their move-out date. This 30-day period starts when the tenant has completely vacated, returned keys, and given proper notice in accordance with the terms of the lease.
If any deductions are made, the landlord is required to include a detailed, itemized list explaining the amounts and reasons along with the remaining balance.
The security deposit or list of deductions must be mailed to the tenant's provided forwarding address and must be sent by certified mail or with delivery confirmation for appropriate documentation.
Tenants may file a lawsuit to recover up to three times the deposit amount as penalty if the landlord fails to submit the deposit or deduction list within thirty days.
Landlords do not have to pay interest on the security deposit unless you both agree upon it at the beginning of the lease.
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Source: Louisiana’s Lessee’s Deposit Act
SECTION 5
According to Louisiana eviction law, there are several reasons why a landlord can legally evict a tenant, including:
Landlords in Louisiana are not required to offer renters the opportunity to settle a lease violation or bring their rent up to date. Additionally, landlords may include a clause in the lease to waive this notice. In which case the landlord may file an eviction action right away and the tenant will not be given any notice.
The landlord is entitled to actual damages and reasonable legal fees in every eviction.
An eviction would take, on average, 10 to 42 days to complete in Louisiana. Below is a step-by-step guide to eviction in Louisiana.
To start an eviction process, landlords are required to send a 5-day Louisiana notice to quit to the tenant. This is commonly referred to in Louisiana as a "notice to vacate." The notification may be mailed, left on the rental door, or delivered in person to the tenant.
The landlord does not need to file an eviction lawsuit if the tenant vacates the property within the five days following the notice to evacuate. However, if the tenant does not vacate by the deadline specified in the notice, the landlord may proceed with an eviction lawsuit.
The process of initiating an eviction case in Louisiana is known as "filing a rule for possession." A rule for possession may be filed by the landlord with the city court or judge of the peace. The reasons for the eviction must be included in the lawsuit as per Law Code Civil Procedure Article 4731 (2023).
After that, the court will publish a Rule for Possession. Tenants are required by the Rule for Possession to show up in court for a hearing.
The Rule for Possession must be served to the tenant by a sheriff or other law enforcement official at the landlord's request. Landlords or anybody connected to the action (such as a landlord employee) cannot serve the Rule for Possession.
No sooner than the third day following the tenant's service of the Rule for Possession, the court will hold a hearing (or trial) on the matter.
Tenants are entitled to raise any defenses against the eviction at trial, including the landlord's discriminatory grounds for evicting the tenant or the landlord's inability to maintain the rented property.
The judge may issue a default judgment in favor of the landlord if the tenant fails to appear at the hearing. This implies that the landlord is entitled to reclaim ownership of the rented property and wins the dispute outright.
If not, the judge may make a ruling at the hearing or she may decide to hold off on reaching a decision for a few days.
A writ of possession, which the landlord can use to force the tenant out of the rental, will be issued by the court if the landlord wins the hearing. Tenants have the right to continue living in the rental if the judge rules in the tenant's favor during the hearing.
A Writ of Possession will be granted by the court to the landlord upon their victory in the Rule for Possession hearing. The renter will have a certain amount of time—typically 24 hours—to pack up and vacate the rental after receiving the writ.
The landlord may call the sheriff or other legal authorities to evict the tenant if they refuse to leave.
Following the tenant's eviction, the landlord may be entitled to collect overdue rent or damages to the property from the renter. Generally speaking, the landlord will just use the tenant's security deposit to pay the debt—especially if the landlord believes the tenant doesn't have any money worth pursuing.
The landlord may pursue a separate action to recoup additional damages beyond the amount covered by the security deposit if the landlord thinks the tenant may be able to pay.
Source: Evictions | Baton Rouge, LA - BRLA.gov, EVICTION PROCEDURE GUIDELINES| Louisiana State Bar Association, Evictions | LouisianaLawHelp.org, The Eviction Process in Louisiana: Laws, Rules, & Steps | Nolo.
SECTION 6
Louisiana rental applications and tenant screening are subject to certain laws that determine what a landlord can or cannot do during the process.
There's no cap on how much a landlord can charge for an application fee, however, it's expected to be reasonable and cover only the actual cost of the screening. Landlords are not allowed to profit from the application process.
It's important to note that Louisiana rental application fees are non refundable even when the application is denied. However, landlords are required to give rejected applicants a notice of why their application was unsuccessful.
Louisiana does not impose any limitations on the extent of background checks that landlords are permitted to perform. However, in order to perform them, landlords must first get the potential tenants' written consent.
Furthermore, the state and federal Fair Housing Acts prohibit landlords from discriminating against a protected class when evaluating applications.
To make the rental application process effective, here is a list of crucial request to include in your Louisiana rental applications:
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SECTION 7
In Louisiana, there may be legal repercussions for breaking a lease without a valid reason and without following the right processes. The tenant is liable for any unpaid rent or damages, and the landlord may file a lawsuit.
For early terminations, there are certain notice requirements and legally valid reasons that are allowed under Louisiana law.
Depending on type of tenancy, there are different notice requirements under Louisiana law for ending a lease early. The following is a general summary of the notice requirements for each type of lease:
Note that tenants without a written lease are typically assumed to be on a month-to-month basis.
There are several significant exceptions to the general rule that a tenant who breaks a lease owes the rent for the whole duration.
Below are some of the circumstances tenants may be able to lawfully vacate before the lease period expires.
Under federal law, tenants who sign a lease and then enter active military service have the right to break the lease (War and National Defense Servicemembers Civil Relief Act).
However, this protection is limited to members of the "uniformed services," which includes the armed forces, the Public Health Service, the National Oceanic and Atmospheric Administration (NOAA), and the activated National Guard.
Renters must give written notice to the landlord if they intend to terminate their lease for military reasons; once the notice is delivered or mailed, the tenancy ends 30 days after the date of the notice, even if that date is several months ahead of the lease expiration.
In cases where the landlord fails to provide habitable housing as required by local and state housing codes, a court is likely to find that the tenant has been "constructively evicted." This means that the landlord has effectively "evicted" the renter by providing unlivable housing, and as a result, they are no longer liable for rent.
Louisiana law specifies the steps tenants must take before moving out due to a major repair issue (La. Civ. Code Art. 2694). The issue must be truly serious, like not having heat or other essential service.
The amount of notice a landlord must give tenants to enter rental property is not specified by Louisiana state law. However, if it is determined that a landlord consistently infringes upon a tenant's privacy, or takes actions such as removing windows or doors, disconnecting utilities, or changing the locks, it would be regarded as "constructively eviction," as previously mentioned.
This would typically excuse the tenant from having to pay additional rent when breaking the lease.
Source: Tenant's Right to Break a Rental Lease in Louisiana | Nolo
SECTION 8
Below is an overview of some Louisiana HOA laws that often apply to homeowners associations:
Community associations in the state of Louisiana are governed by the Louisiana Homeowners Association Act, which is found in Title 9 of Section 1141 of the Louisiana Revised Statutes. Residential planned communities covered by this statute are those that have submitted their own declarations and bylaws.
HOAs in Louisiana are subject to regulations regarding their organizational form and procedures under the Louisiana Nonprofit Corporation Act. Like most HOAs in Louisiana, it regulates nonprofit corporations.
Organizations are governed by this law with regard to corporate structure and protocols. According to the declaration, community associations in the state are required to be founded as nonprofit companies, unincorporated associations, or other categories of legal entities and are therefore governed by the Business Corporation Act.
Regarding residential condominiums, the Louisiana Condominium Act creates a legislative framework that governs the formation of these corporations as well as the distribution of interest, expenses, and voting rights. It also covers topics like buyer protection, these organizations' governance, and their jurisdiction.
This law regulates the obligations of a residential property seller, which include the following:
Under the terms of this law, discrimination in housing on the grounds of race, national origin, religion, disability, or sex is prohibited. This act imposes state-level restrictions on homeowners similar to the provisions of the federal Fair Housing Act (FHA).
Source: Louisiana Homeowners Association Act, Louisiana Nonprofit Corporation Act, Louisiana Business Corporation Act, Louisiana Condominium Act, Louisiana Residential Property Disclosure Act, Louisiana Equal Housing Opportunity Act.
SECTION 9
All Louisiana squatters' rights pertaining to adverse possession are outlined in the Louisiana Revised Statutes. More clarification on the matter is given by the Civil Code, which upholds the circumstances in which adverse possession may result in a change in the title of real estate.
The adverse possession laws of the state of Louisiana serve as the legal basis for squatters' rights. According to these laws, squatters may be able to obtain legal title to the land provided they fulfill specific requirements over a set amount of time, usually between 10 and 30 years.
In addition, squatters must show that they are in peaceful, visible, and open ownership of the land. It must be well known that they reside there and that they don't try to hide their presence. Their presence cannot impede the general tranquility or lead to conflicts with nearby residents.
Finally, Louisiana squatters must display clearly defined boundaries surrounding the land they own. Typically, this entails erecting a fence or other enclosure to demarcate the borders of the property.
Source:Louisiana Civil Code Articles 3486 to 3492, Louisiana Revised Statutes.
SECTION 10
Below, you’ll find some helpful Louisiana landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
