Louisiana Residential Lease Agreement

A Comprehensive Guide to Louisiana Landlord-Tenant LawA Comprehensive Guide to Louisiana Landlord-Tenant Law

1. Introduction

A Louisiana residential lease agreement is a legally binding contract that establishes the terms and conditions for renting residential property in the State of Louisiana. Under Louisiana Civil Code Article 2668, a lease is defined as "a synallagmatic contract by which one party, the lessor, binds himself to give to the other party, the lessee, the use and enjoyment of a thing for a term in exchange for a rent that the lessee binds himself to pay." ^[1]

Louisiana landlord-tenant relationships are governed by Louisiana Civil Code Articles 2668-2729 and Louisiana Revised Statutes Title 9, Sections 3201-3261.2. ^[1] Both oral and written lease agreements are legally valid in Louisiana, although written agreements are strongly recommended for clarity and enforceability.

This comprehensive guide covers all essential aspects of Louisiana residential lease agreements, including:

State-mandated disclosures and notification requirements

security Deposit Regulations and Return Timelines

rent Payment Terms, Late Fees, and Grace Periods

landlord Entry Rights and Tenant Privacy

warranty of Habitability and Repair Obligations

lease Termination Procedures and Eviction Requirements

Special protections for domestic violence victims and military servicemembers

Required Disclosures

Louisiana law, in combination with federal requirements, mandates specific disclosures that landlords must provide to tenants before or at the commencement of a residential tenancy.

Lead-Based Paint Disclosure (federal Requirement)

Federal law under the Residential Lead-Based Paint Hazard Reduction Act requires landlords to disclose known information about lead-based paint and lead-based paint hazards for residential properties built before 1978. ^[2] Landlords must:

Provide tenants with the EPA-approved pamphlet "Protect Your Family From Lead In Your Home"

Disclose any known lead-based paint and lead-based paint hazards in the dwelling

Provide any available records or reports on lead-based paint hazards

Include a Lead Warning Statement in the lease agreement

Obtain signed acknowledgment from tenants

Retain signed copies for three years after lease begins

**Penalties: **Failure to comply can result in civil penalties of up to $21,018 per violation, as well as potential criminal penalties and treble damages in private lawsuits.

Foreclosure Disclosure

Under Louisiana Revised Statutes 9:3260.1, landlords must provide written disclosure to prospective tenants regarding foreclosure proceedings. ^[3] Before entering into a lease:

Landlords must disclose the tenant's right to receive notification of any future foreclosure action

If the property is currently subject to foreclosure, landlord must disclose this in writing

Within seven days of receiving foreclosure notice, landlord must notify all tenants in writing

Landlord Contact Information

Under Louisiana Civil Code Article 2683, landlords must provide their full name and address in lease agreements. ^[4] This information is essential for tenants to communicate regarding repairs, notices, and other lease matters.

Security Deposits

Louisiana security deposit regulations are governed by La. R.S. 9:3251 (the "Lessee's Deposit Act") and related statutes. ^[5] These laws provide specific protections for both landlords and tenants.

Summary of Louisiana Security Deposit Rules:

Maximum Security Deposit Amount

Louisiana law does not impose a statutory limit on the maximum security deposit amount that landlords may require. ^[5] Market practices typically range from one to two months' rent.

Return Timeline

The landlord must return the security deposit within one month (30 days) after the lease terminates. ^[5] The tenant must furnish the landlord with a forwarding address for the return of the deposit.

Allowable Deductions

The landlord may retain all or any portion of the security deposit that is reasonably necessary to:

Remedy a default of the tenant (unpaid rent, breach of lease terms)

Remedy unreasonable wear to the premises (damages beyond normal wear and tear)

Itemized Statement Requirement

If any portion of the security deposit is retained, the landlord must forward an itemized statement within one month accounting for all deductions and giving reasons therefor. ^[5]

Penalties for Non-Compliance

Willful failure to comply with security deposit return requirements gives the tenant the right to recover: ^[6]

Any portion of the security deposit wrongfully retained, PLUS $300 or twice the amount wrongfully retained, whichever is greater

**Willful failure: **Failure to remit within thirty days after written demand for a refund constitutes willful failure.

Rent Payment Terms

When Rent Is Due

Under Louisiana Civil Code, rent is due at the time specified in the lease agreement. In the absence of a specific provision, rent is due at the beginning of each rental period. ^[7]

Grace Period

**Louisiana law does not mandate a grace period for late rent payment. **Rent is due on the date specified in the lease, and landlords may charge late fees immediately after rent becomes overdue. Any grace period must be clearly stated in the lease agreement.

Late Fees

**Louisiana state law does not establish a maximum late fee amount for residential leases. **Late fees must be clearly stated in the lease agreement. Courts generally consider fees of 4-5% of monthly rent to be reasonable.

NSF (bounced Check) Fees

Under La. R.S. 9:2782, landlords may charge tenants a fee of $25 or 5% of the check amount, whichever is greater, for checks returned for non-sufficient funds. ^[8]

Rent Increases

**Louisiana has no rent control laws. **Landlords may increase rent by any amount, subject to these rules:

Fixed-term leases: Rent cannot be increased during the lease term unless the lease specifically permits it

Month-to-month: 10 days' notice required before end of rental period

rent Increases Cannot Be Retaliatory or Discriminatory

Landlord's Right to Enter

Notice Requirements

**Louisiana state law does not establish specific statutory requirements for advance notice before landlord entry. **Under La. C.C. Art. 2693, tenants must allow reasonable access for repairs. ^[9]

*Best Practice: *Landlords should provide at least 24-48 hours' notice before entering for non-emergency reasons.

Emergency Access

Landlords may enter without notice in genuine emergencies, including fire, flood, gas leak, burst pipes, or situations posing immediate risk to health and safety.

Landlord Obligations

Warranty of Habitability

Under Louisiana Civil Code Articles 2691 and 2696, landlords have an implied warranty of habitability obligation. ^[10] Landlords must:

Deliver premises in a condition suitable for the leased purpose

Maintain premises free of vices or defects that prevent their use as a rental

Make all repairs necessary to maintain the rental in suitable condition

**Strict Liability: **Louisiana courts apply a strict liability standard - the landlord is liable for defects even if they had no knowledge of the defect.

Tenant Rights and Remedies

Repair and Deduct Remedy

If the landlord fails to make necessary repairs within a reasonable time after written demand, the tenant may: ^[11]

Make indispensable repairs and deduct the reasonable cost from rent, OR

Sue for dissolution of the lease and resulting damages

Subletting and Assignment

Under Louisiana Civil Code Article 2713, the tenant has the right to sublease the leased thing or to assign or encumber their rights in the lease, unless expressly prohibited by the lease contract. ^[12]

Key Subletting Rules:

Default right to sublease exists unless lease prohibits it

A provision prohibiting one right (sublease, assign, or encumber) prohibits all

Prohibitions are strictly construed against the landlord

Original tenant remains liable to landlord even after subletting

Lease Termination

Notice Requirements by Lease Type

Under Louisiana Civil Code Article 2926, the notice requirements for terminating a lease depend on the lease term: ^[13]

Tacit Reconduction (automatic Renewal)

Under La. C.C. Art. 2721, if a tenant remains in possession after lease expiration without objection from the landlord, the lease is renewed (tacit reconduction). ^[14] For leases of one month or longer, this becomes a month-to-month tenancy under the same terms.

Eviction Procedures

Louisiana eviction procedures are governed by Louisiana Code of Civil Procedure Articles 4701-4736. ^[15]

Notice to Vacate

When a tenant's right of occupancy has ceased, the landlord must deliver written notice allowing the tenant at least five (5) days from delivery to vacate the premises. ^[15]

Waiver of Notice

A tenant may waive notice requirements by written waiver in the lease. If properly waived, the landlord may immediately institute eviction proceedings upon termination of occupancy rights. ^[15]

Self-Help Eviction Prohibited

**Louisiana law does not permit self-help eviction. **Landlords must follow proper court procedures. Illegal actions include changing locks, removing doors/windows, shutting off utilities, or removing tenant possessions without a court order.

Fair Housing Protections

Both federal and Louisiana state fair housing laws prohibit discrimination in housing. ^[16]

Protected Classes:

Race

Color

Religion

Sex

National Origin

Disability/Handicap

Familial Status (families with children under 18)

Landlords cannot refuse to rent, set different terms, or provide different services based on these protected classes.

Special Tenant Protections

Domestic Abuse Victims

Under La. R.S. 9:3261.1, domestic abuse victims may terminate a lease early by providing written notice and documentation that abuse occurred on the premises within the past 30 days. ^[17] The lease terminates within 30 days of the written request.

Sexual Assault Victims

Under La. R.S. 9:3261.2, sexual assault victims may terminate a lease early by providing documentation that the assault occurred in Louisiana within the past 60 days. ^[18]

Military Servicemembers (Scra)

Under the federal Servicemembers Civil Relief Act (50 U.S.C. 3955), military servicemembers may terminate a residential lease with 30 days' written notice upon receiving: ^[19]

Orders for a permanent change of station (PCS)

Deployment orders for 90 days or more

**Key SCRA Protections: **No early termination fees may be imposed. Security deposits must be returned within 30 days. These protections cannot be waived.