Question 1

What is a security deposit demand letter in Louisiana?

Accepted Answer

It is a written demand a Louisiana tenant sends a former landlord to recover a security deposit the landlord did not return within one month after the lease terminated, as La. R.S. 9:3251(A) requires. In Louisiana the letter does more than ask: a failure to remit within thirty days after the tenant's written demand for a refund is a willful failure that entitles the tenant to the greater of $300 or twice the amount wrongfully retained under La. R.S. 9:3252(A). The letter states the amount owed, disputes any improper retention, and demands payment.

Question 2

What is the difference between a demand letter and small claims court in Louisiana?

Accepted Answer

A Louisiana security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. A deposit claim can be brought in the small claims division, where the amount in dispute may not exceed $5,000, exclusive of interest, court costs, attorney fees, or penalties (La. R.S. 13:5202). The demand letter matters even more here because, under La. R.S. 9:3252(A), it is the written demand that starts the thirty-day clock whose expiry makes a landlord's failure willful.

Question 3

How long does a Louisiana landlord have to return a security deposit?

Accepted Answer

In Louisiana the landlord must return the deposit within one month after the lease terminates, provided the tenant furnishes a forwarding address at the termination of the lease (La. R.S. 9:3251(A)). If the landlord keeps any part of it, the landlord must send an itemized statement of the retained proceeds and the reasons within one month, or within fifteen days after the date that is one month after the tenancy terminates. If those windows pass with no deposit and no proper statement, a written demand is the usual next step.

Question 4

What penalty can a Louisiana landlord face for wrongfully withholding a deposit?

Accepted Answer

Under La. R.S. 9:3252(A), the willful failure to comply with R.S. 9:3251 gives a Louisiana tenant the right to recover the portion of the deposit wrongfully retained plus the greater of three hundred dollars or twice the amount wrongfully retained. Willful failure is defined by the statute: a failure to remit within thirty days after the tenant's written demand for a refund. That is why a dated written demand is central in Louisiana, it converts an ordinary withholding into a willful one that carries the statutory penalty.

Question 5

What can a Louisiana landlord deduct from a security deposit?

Accepted Answer

A Louisiana landlord may retain deposit proceeds to remedy a default of the tenant arising under the lease, such as unpaid rent or damages, but only if the landlord forwards the tenant an itemized statement accounting for the proceeds retained and giving the reasons (La. R.S. 9:3251(A)). A retention without that itemized statement, or for amounts the landlord cannot justify as a lease default, can be disputed in your demand letter.

Question 6

Does Louisiana require an itemized statement of security deposit deductions?

Accepted Answer

Yes. If a Louisiana lessor retains any portion of the deposit, the lessor must forward the tenant an itemized statement accounting for the proceeds retained and giving the reasons, within one month after the tenancy terminates or within fifteen days after the date that is one month after the tenancy terminates (La. R.S. 9:3251(A)). A missing or unjustified itemized statement is a failure to comply with R.S. 9:3251 that, once willful, supports the penalty under R.S. 9:3252(A).

Question 7

How much can I sue for over a deposit in Louisiana?

Accepted Answer

A Louisiana deposit claim can be brought in the small claims division, where the amount in dispute may not exceed $5,000, exclusive of interest, court costs, attorney fees, or penalties (La. R.S. 13:5202). A claim can include the portion of the deposit wrongfully retained plus, for a willful failure to comply with R.S. 9:3251, the greater of $300 or twice the amount wrongfully retained under La. R.S. 9:3252(A). Sending your written demand first is what makes a continued withholding willful.

Question 8

What should a Louisiana security deposit demand letter include?

Accepted Answer

A Louisiana demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount, and confirm the forwarding address you furnished at termination (La. R.S. 9:3251(A)). It should state that it is a written demand for a refund, note that the one-month return and itemized-statement deadlines have passed, dispute any improper retention, and demand payment within thirty days, because a failure to remit within that period is a willful failure carrying the $300-or-double penalty under La. R.S. 9:3252(A).

Louisiana Security Deposit Demand Letter

Introduction

Key Things to Know

Key decisions before you file

Customize your Security Deposit Demand Letter Template with DocDraft

Louisiana Requirements for Security Deposit Demand Letter

One-Month Return Deadline

Furnish a Forwarding Address at Termination

Itemized Statement of Retained Proceeds

Permitted Retention for Tenant Default

Willful-Failure Penalty: Greater of $300 or Twice the Amount

Written Demand Triggers Willful Failure

Send With Proof of Delivery and a Forwarding Address

Small Claims Limit

Frequently Asked Questions