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Louisiana Residential Lease Agreement

Louisiana has no deposit cap, but deposits must return in one month. Free lease agreement with rent, deposit, and notice terms. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) setting the terms under which the tenant rents the landlord's residential property, including the rent, the lease term, the security deposit, each party's responsibilities, and how the lease ends. In Louisiana the lease is governed primarily by the Civil Code lease articles, La. Civ. Code arts. 2668-2777, along with the Lessee's Deposit Act at La. R.S. 9:3251 et seq. Louisiana sets no statutory maximum on how much a landlord can charge for a security deposit, but under R.S. 9:3251 the deposit must be returned within one month after the lease terminates, and if the lessor keeps any part of it, an itemized statement of the amount retained and the reasons must be sent to the tenant within that same one month. Willful failure to comply exposes the lessor to statutory damages of the greater of $300 or twice the wrongfully retained amount under R.S. 9:3252. Federal law requires a lead-based paint disclosure for housing built before 1978. Neither the Civil Code lease articles nor the Deposit Act set an advance-notice period for a landlord to enter the premises, so entry should be arranged at a reasonable time. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a contract that sets the terms under which a tenant (lessee) rents a landlord's (lessor's) property: rent, term, deposit, responsibilities, and how the lease ends.

  2. 2

    Louisiana sets no statutory cap on how much a landlord may charge for a security deposit under R.S. 9:3251 et seq.; the statute governs only the deposit's return and itemization, not its amount.

  3. 3

    The deposit must be returned within one month (about 30 days) after the lease terminates, minus any amount reasonably needed to remedy the tenant's default or wear beyond ordinary use.

  4. 4

    Louisiana law requires only the federal lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d); no additional statewide disclosure is mandated by the sources reviewed.

  5. 5

    Neither the Civil Code lease articles nor the Deposit Act set a required number of hours' notice before a landlord may enter; there is no Louisiana entry-notice statute, so entry should be arranged at a reasonable time under the lease's terms.

  6. 6

    Louisiana has no statute capping late fees or requiring a grace period before rent is considered late; any late charge and grace period come from what the lease itself specifies.

  7. 7

    A month-to-month lease is ended with at least 10 calendar days' notice before the end of the month (La. Civ. Code art. 2728); there is no separate statute setting a notice period for a rent increase, and Louisiana has no statewide or authorized local rent control.

Key decisions before you file

Before you file a Residential Lease Agreement in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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Louisiana Requirements for Residential Lease Agreement

  • No Statutory Cap on the Security Deposit

    Louisiana sets no maximum amount a landlord may charge as a security deposit. La. R.S. 9:3251 et seq. (the Lessee's Deposit Act) governs only how the deposit is returned and itemized, not how large it may be.

  • Return the Deposit Within One Month

    Return the security deposit to the tenant within one month (about 30 days) after the lease terminates, less any amount reasonably necessary to remedy the tenant's default or wear beyond ordinary use (La. R.S. 9:3251).

  • Send an Itemized Statement if Retaining Any Deposit

    If any portion of the deposit is kept, send the tenant an itemized statement of the amount retained and the reasons within one month after the lease terminates (La. R.S. 9:3251(A)). A landlord's willful failure to comply can expose it to damages of the greater of $300 or twice the wrongfully retained amount (La. R.S. 9:3252).

  • Provide the Federal Lead-Based Paint Disclosure

    For any unit built before 1978, provide the federal Lead Warning Statement, disclose known lead-based paint hazards, and give the tenant the EPA lead-hazard pamphlet before signing (42 U.S.C. Section 4852d).

  • No Statutory Entry-Notice Period

    Neither the Civil Code lease articles (arts. 2668-2777) nor the Lessee's Deposit Act set a required notice period before a landlord may enter the premises. Louisiana has no statutory landlord-entry-notice rule, so the lease should state a reasonable notice period by agreement.

  • No Statutory Late-Fee Cap or Grace Period

    Louisiana has no statute capping late fees or requiring a grace period before rent is considered late. Any late charge and grace period come from the freedom-of-contract lease terms under La. Civ. Code arts. 2668-2777.

  • Give 10 Days' Notice to End a Month-to-Month Lease

    End a month-to-month tenancy by giving at least 10 calendar days' written notice before the end of the month (La. Civ. Code art. 2728). Louisiana has no separate statute setting a rent-increase notice period; a rent change on a month-to-month lease is typically handled with this same 10-day notice.

  • No Statewide or Local Rent Control

    Louisiana has no statewide rent control, and a lessor's property rights may not be altered or diminished except by state law, which preempts local rent-control ordinances (La. R.S. 9:3258).

Frequently Asked Questions