Renting Out Your Property in Louisiana: A Guide for Landlords
Renting out property in Louisiana requires understanding specific state laws that govern landlord-tenant relationships, including security deposit limits, eviction procedures, and maintenance responsibilities. Louisiana's Civil Code provides unique legal frameworks compared to common law states, with provisions that can significantly impact your rights and obligations as a property owner.
Louisiana follows civil law rather than common law, making its rental regulations distinct from most other states. Failure to comply with Louisiana-specific requirements like proper security deposit handling and mandatory disclosures can result in legal penalties and difficulty enforcing your lease agreement.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Louisiana Civil Code Article 2668 - Definition of Lease
Defines a lease as a contract by which one party gives to another the right to enjoy a thing for a term in exchange for a rent that the other party agrees to pay. This is the foundational law that establishes the legal relationship between landlords and tenants in Louisiana.
Louisiana Civil Code Article 2682 - Obligations of Lessor
Outlines the landlord's legal obligations, including delivering the property in good condition, maintaining the property in a condition suitable for the use for which it was leased, and ensuring the tenant's peaceful possession during the lease. Landlords must understand these core responsibilities before renting out property.
Louisiana Civil Code Article 2683 - Obligations of Lessee
Specifies tenant obligations, including paying rent on time, using the property as a prudent administrator, and returning the property in the same condition (minus normal wear and tear). Landlords should be aware of what they can legally expect from tenants.
Louisiana Revised Statutes 9:3251 - Security Deposit Return
Requires landlords to return security deposits within one month after the lease ends, minus any amounts rightfully retained for damages. The law specifies requirements for itemizing deductions and penalties for wrongful withholding, which landlords must follow to avoid legal issues.
Louisiana Revised Statutes 9:3259 - Prohibited Lease Provisions
Identifies lease provisions that are unenforceable in Louisiana, such as waiver of legal rights and certain liability exemptions. Landlords must ensure their lease agreements don't contain these prohibited clauses to maintain enforceability.
Louisiana Revised Statutes 9:3260.1 - Domestic Abuse Victim Rights
Provides special protections for domestic abuse victims, allowing early lease termination with proper documentation. Landlords must understand these provisions as they cannot legally prevent victims from exercising these rights.
Louisiana Revised Statutes 9:3261.1 - Military Member Lease Termination
Allows active duty military personnel to terminate leases early under certain conditions related to military service. Landlords renting to military members need to be aware of these special provisions that override standard lease terms.
Louisiana Civil Code Article 2704 - Notice Requirements for Lease Termination
Establishes notice requirements for terminating leases, which vary based on lease term length. For month-to-month leases, 10 days' notice is required, while longer-term leases have different requirements. Proper notice is essential for legal lease termination.
Louisiana Revised Statutes 9:3258 - Landlord's Right of Entry
Governs when and how landlords may legally enter rented property, balancing the landlord's need to inspect or make repairs with the tenant's right to privacy and peaceful possession.
Louisiana Civil Code Article 2693 - Repairs and Maintenance
Addresses responsibility for repairs, distinguishing between major repairs (landlord's responsibility) and minor repairs (tenant's responsibility). Understanding this distinction helps prevent disputes over maintenance obligations.
Regional Variances
New Orleans
New Orleans has stricter rental regulations than the rest of Louisiana. The city requires a rental property license and annual inspections. Short-term rentals face additional restrictions, including owner-occupancy requirements in residential zones and a prohibition in most of the French Quarter. New Orleans also has a 'Healthy Homes Ordinance' that mandates minimum habitability standards beyond state requirements.
Baton Rouge
Baton Rouge has enacted specific ordinances regarding rental properties, including a rental registry program that requires landlords to register their properties. The city also has more stringent noise ordinances that can affect landlord responsibilities and tenant behavior. Additionally, certain historic districts in Baton Rouge have special regulations regarding property modifications and maintenance.
Jefferson Parish
Jefferson Parish has its own code enforcement regulations for rental properties that differ from state standards. The parish requires regular property maintenance inspections and has specific rules regarding occupancy limits. Additionally, certain neighborhoods may have homeowners associations with additional restrictions on rentals.
Lafayette
Lafayette has implemented specific zoning ordinances that may restrict rental activities in certain residential areas. The city also has particular requirements for multi-family dwellings and has recently enacted regulations addressing short-term rentals through platforms like Airbnb, requiring permits and imposing occupancy taxes.
Shreveport
Shreveport has enacted a 'Rental Housing Code' that imposes additional requirements on landlords beyond state law. This includes mandatory registration of rental properties, regular inspections, and specific maintenance standards. The city also has distinct regulations regarding security deposits and tenant screening procedures.
Suggested Compliance Checklist
Research Louisiana Landlord-Tenant Laws
1 days after startingFamiliarize yourself with Louisiana's landlord-tenant laws, particularly the Louisiana Civil Code Articles 2668-2744 and the Louisiana Revised Statutes Title 9. Understanding these laws is crucial as Louisiana follows civil law rather than common law, making its rental regulations unique compared to other states.
Prepare Property for Rental
7 days after startingEnsure your property meets all habitability requirements under Louisiana law. This includes functioning plumbing, electricity, heating, and ensuring the property is free from hazards. Louisiana requires landlords to maintain premises in a habitable condition throughout the tenancy.
Create a Rental Application Form
10 days after startingDevelop a comprehensive rental application to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, and authorization for background and credit checks. Ensure compliance with the Fair Housing Act to avoid discrimination claims.
Draft a Residential Lease Agreement
14 days after startingCreate a legally compliant Louisiana lease agreement. Include required terms such as names of parties, property description, rental amount, payment terms, lease duration, security deposit details, maintenance responsibilities, and any other terms specific to your property. Louisiana does not require specific lease provisions by statute, but certain disclosures are mandatory.
Prepare Lead-Based Paint Disclosure Form
14 days after startingFor properties built before 1978, federal law requires landlords to disclose known information about lead-based paint hazards. Provide tenants with an EPA-approved pamphlet on lead-based paint hazards and include a specific disclosure form with the lease. Keep signed copies for at least three years.
Create a Move-In/Move-Out Inspection Checklist
16 days after startingDevelop a detailed checklist documenting the condition of the property before move-in and after move-out. This helps prevent disputes over security deposit deductions. Include photographs dated with timestamps as additional documentation. Louisiana law does not specifically require this, but it's essential for protecting both parties.
Establish Security Deposit Policies
17 days after startingLouisiana does not limit the amount landlords can charge for security deposits, but you must return deposits within one month of lease termination. Create a receipt for security deposits and document the bank account where funds are held. Unlike some states, Louisiana does not require landlords to place deposits in separate accounts.
Draft Landlord's Rules and Regulations
18 days after startingCreate a clear set of rules for tenants covering noise restrictions, maintenance expectations, pet policies, smoking policies, and other property-specific guidelines. Ensure these rules don't violate any tenant rights under Louisiana law and attach them as an addendum to the lease agreement.
Create a Notice of Entry Form
19 days after startingLouisiana law does not specify how much notice landlords must give before entering a rental property, but reasonable notice is expected. Create a form to document when you need to enter the property for repairs, inspections, or showings. A standard practice is to provide 24-48 hours notice, though not explicitly required by state law.
Register with Local Authorities
21 days after startingCheck with your local parish or municipality for any rental registration requirements or permits. Some Louisiana localities require landlords to register rental properties or obtain specific business licenses. Requirements vary by location, so contact your local government offices for specific guidance.
Set Up Property Tax Payments
25 days after startingEnsure you understand how renting affects your property tax obligations in Louisiana. Some parishes may have different tax rates for rental properties versus owner-occupied homes. Contact your local tax assessor's office for guidance on potential changes to your property tax assessment.
Obtain Proper Insurance Coverage
28 days after startingSecure landlord insurance (also called rental property insurance) which differs from homeowner's insurance. This should include property damage, liability coverage, and potentially loss of rental income. Consider requiring tenants to obtain renter's insurance as part of your lease terms.
Establish Rent Collection System
30 days after startingSet up a reliable system for collecting rent payments. Louisiana law does not mandate specific payment methods, so you can accept checks, electronic payments, or other methods. Document your preferred payment method in the lease agreement, including due dates and late fee policies.
Create a Maintenance Request System
32 days after startingEstablish a clear procedure for tenants to report maintenance issues. Louisiana landlords have an obligation to make necessary repairs to keep the property habitable. Document all maintenance requests and responses to demonstrate compliance with your legal obligations.
Understand Eviction Procedures
35 days after startingFamiliarize yourself with Louisiana's eviction procedures, which require specific notices and court filings. The process differs depending on the reason for eviction (non-payment of rent, lease violations, etc.). Never attempt to evict a tenant without following proper legal procedures, as this can result in penalties.
Task | Description | Document | Days after starting |
---|---|---|---|
Research Louisiana Landlord-Tenant Laws | Familiarize yourself with Louisiana's landlord-tenant laws, particularly the Louisiana Civil Code Articles 2668-2744 and the Louisiana Revised Statutes Title 9. Understanding these laws is crucial as Louisiana follows civil law rather than common law, making its rental regulations unique compared to other states. | - | 1 |
Prepare Property for Rental | Ensure your property meets all habitability requirements under Louisiana law. This includes functioning plumbing, electricity, heating, and ensuring the property is free from hazards. Louisiana requires landlords to maintain premises in a habitable condition throughout the tenancy. | - | 7 |
Create a Rental Application Form | Develop a comprehensive rental application to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, and authorization for background and credit checks. Ensure compliance with the Fair Housing Act to avoid discrimination claims. | Rental Application Form | 10 |
Draft a Residential Lease Agreement | Create a legally compliant Louisiana lease agreement. Include required terms such as names of parties, property description, rental amount, payment terms, lease duration, security deposit details, maintenance responsibilities, and any other terms specific to your property. Louisiana does not require specific lease provisions by statute, but certain disclosures are mandatory. | Residential Lease Agreement | 14 |
Prepare Lead-Based Paint Disclosure Form | For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint hazards. Provide tenants with an EPA-approved pamphlet on lead-based paint hazards and include a specific disclosure form with the lease. Keep signed copies for at least three years. | Lead-Based Paint Disclosure Form | 14 |
Create a Move-In/Move-Out Inspection Checklist | Develop a detailed checklist documenting the condition of the property before move-in and after move-out. This helps prevent disputes over security deposit deductions. Include photographs dated with timestamps as additional documentation. Louisiana law does not specifically require this, but it's essential for protecting both parties. | Move-In/Move-Out Inspection Checklist | 16 |
Establish Security Deposit Policies | Louisiana does not limit the amount landlords can charge for security deposits, but you must return deposits within one month of lease termination. Create a receipt for security deposits and document the bank account where funds are held. Unlike some states, Louisiana does not require landlords to place deposits in separate accounts. | Security Deposit Receipt | 17 |
Draft Landlord's Rules and Regulations | Create a clear set of rules for tenants covering noise restrictions, maintenance expectations, pet policies, smoking policies, and other property-specific guidelines. Ensure these rules don't violate any tenant rights under Louisiana law and attach them as an addendum to the lease agreement. | Landlord's Rules and Regulations | 18 |
Create a Notice of Entry Form | Louisiana law does not specify how much notice landlords must give before entering a rental property, but reasonable notice is expected. Create a form to document when you need to enter the property for repairs, inspections, or showings. A standard practice is to provide 24-48 hours notice, though not explicitly required by state law. | Notice of Entry Form | 19 |
Register with Local Authorities | Check with your local parish or municipality for any rental registration requirements or permits. Some Louisiana localities require landlords to register rental properties or obtain specific business licenses. Requirements vary by location, so contact your local government offices for specific guidance. | - | 21 |
Set Up Property Tax Payments | Ensure you understand how renting affects your property tax obligations in Louisiana. Some parishes may have different tax rates for rental properties versus owner-occupied homes. Contact your local tax assessor's office for guidance on potential changes to your property tax assessment. | - | 25 |
Obtain Proper Insurance Coverage | Secure landlord insurance (also called rental property insurance) which differs from homeowner's insurance. This should include property damage, liability coverage, and potentially loss of rental income. Consider requiring tenants to obtain renter's insurance as part of your lease terms. | - | 28 |
Establish Rent Collection System | Set up a reliable system for collecting rent payments. Louisiana law does not mandate specific payment methods, so you can accept checks, electronic payments, or other methods. Document your preferred payment method in the lease agreement, including due dates and late fee policies. | - | 30 |
Create a Maintenance Request System | Establish a clear procedure for tenants to report maintenance issues. Louisiana landlords have an obligation to make necessary repairs to keep the property habitable. Document all maintenance requests and responses to demonstrate compliance with your legal obligations. | - | 32 |
Understand Eviction Procedures | Familiarize yourself with Louisiana's eviction procedures, which require specific notices and court filings. The process differs depending on the reason for eviction (non-payment of rent, lease violations, etc.). Never attempt to evict a tenant without following proper legal procedures, as this can result in penalties. | - | 35 |
Frequently Asked Questions
In Louisiana, a valid lease agreement must include: 1) the names of all parties (landlord and tenants), 2) a description of the rental property, 3) the term of the lease (duration), 4) the amount of rent and when it's due, and 5) signatures of all parties. While oral leases are technically valid for terms less than $500 or 12 months, it's strongly recommended to have a written lease to avoid disputes. Louisiana follows civil law rather than common law, so some lease provisions may differ from other states.
Yes, Louisiana landlords must provide certain disclosures to tenants, including: 1) Lead-based paint disclosure for properties built before 1978 (federal requirement), 2) Information about the property's flood zone status, 3) Known defects in the property, and 4) The name and address of the property owner or their authorized agent. Additionally, if the property has been damaged by flooding in the past 5 years or has known mold issues, these must be disclosed to prospective tenants.
Louisiana law does not set a maximum limit on security deposits, but landlords typically charge one to two months' rent. Landlords are not required to pay interest on security deposits. The deposit must be returned within one month after the tenant vacates the property, along with an itemized statement of any deductions. If the landlord fails to return the deposit within this timeframe without a valid reason, they may be liable for actual damages or $200, whichever is greater, plus attorney fees and court costs.
For month-to-month tenancies in Louisiana, landlords must provide at least 10 days' written notice before the end of the rental period to increase rent. For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows for it. It's important to note that Louisiana has no rent control laws, so landlords can increase rent by any amount when properly noticed, though market conditions typically dictate reasonable increases.
Louisiana eviction procedures require: 1) Proper written notice to the tenant (5 days for non-payment of rent, 10 days for lease violations), 2) Filing an eviction lawsuit if the tenant doesn't comply, 3) Attending a court hearing, and 4) If granted, obtaining a writ of possession from the court. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal. The entire legal eviction process typically takes 2-4 weeks if uncontested. Landlords cannot evict as retaliation for a tenant exercising legal rights.
Louisiana landlords must maintain the property in a habitable condition, which includes: 1) Maintaining structural elements (roof, walls, foundation), 2) Ensuring working plumbing, electrical, and heating systems, 3) Providing working smoke detectors, 4) Addressing pest infestations, and 5) Making repairs in a timely manner. Louisiana Civil Code Article 2691 specifically requires landlords to make all necessary repairs to the property except for minor maintenance that is customarily the tenant's responsibility.
No, Louisiana law requires landlords to provide reasonable notice before entering a tenant's rental unit, typically 24 hours, except in emergencies. The notice should specify the purpose of entry, which must be reasonable (such as repairs, inspections, or showing the property to prospective tenants). While Louisiana doesn't have a specific statute defining exact notice requirements, courts generally follow the reasonable notice standard, and it's best practice to provide written notice and enter at reasonable times.
Yes, Louisiana landlords must comply with both federal and state fair housing laws. The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Louisiana state law (Louisiana Equal Housing Opportunity Act) provides similar protections. This means you cannot refuse to rent to someone, charge different rates, or set different terms based on these protected characteristics. You must also provide reasonable accommodations for tenants with disabilities when requested.
Louisiana state law does not require a specific rental license or permit for landlords. However, some local municipalities may have their own requirements. For example, New Orleans requires a Short-Term Rental License for properties rented for less than 30 days. Check with your local city or parish government to determine if there are any local licensing requirements, zoning restrictions, or business permits needed for rental properties in your specific area.
As a Louisiana landlord, you should have: 1) Landlord insurance (dwelling policy) that covers the building structure and any landlord-owned property, 2) Liability insurance to protect against tenant or visitor injuries, 3) Loss of rental income coverage in case the property becomes uninhabitable, and 4) Flood insurance if in a flood-prone area (particularly important in Louisiana). Standard homeowners insurance typically doesn't cover rental activities, so a specific landlord policy is necessary. While not legally required, mortgage lenders typically require insurance, and it provides essential protection against Louisiana's unique risks like hurricanes and flooding.