Louisiana Standard Residential Lease Agreement

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. This agreement defines the lease term, rent price, security deposit requirements, causes for termination, and other critical details regarding the relationship between lessor (landlord) and lessee (tenant). Once signed by both parties, the lease becomes a binding contract that governs the rental arrangement until the contract expires or is legally terminated.

Louisiana landlord-tenant relationships are governed by Louisiana Civil Code Articles 2668-2729 and Louisiana Revised Statutes Title 9, sections 3201-3261.2. ^[1] This comprehensive guide covers all essential aspects of Louisiana residential lease agreements, including state-mandated disclosures, security deposit regulations, rent payment terms, landlord entry rights, lease termination procedures, and tenant remedies.

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 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, including the location and condition of painted surfaces

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

Include a Lead Warning Statement in the lease agreement

Obtain signed acknowledgment from tenants that they received the required information

Retain signed copies of disclosures for three years after the lease begins

Penalties for non-compliance: Failure to comply with lead-based paint disclosure requirements can result in civil penalties of up to $21,018 per violation. ^[2]

Foreclosure Disclosure

Under Louisiana Revised Statutes, if the leased premises are subject to a pending foreclosure action, the landlord must disclose this fact to prospective tenants in writing before execution of the lease. ^[3] This disclosure ensures tenants are aware of potential disruption to their tenancy due to foreclosure proceedings.

Security Deposits

Louisiana security deposit regulations are governed by La. R.S. 9:3251 (the "Lessee's Deposit Act") and related statutes. ^[4] These laws provide specific protections for both landlords and tenants regarding the handling of security deposits.

Maximum Security Deposit Amount

Louisiana law does not impose a statutory limit on the maximum security deposit amount that landlords may require. ^[4] However, market practices typically range from one to two months' rent. Landlords may negotiate the security deposit amount as part of the lease terms, but excessively high deposits may deter prospective tenants.

Return Timeline

The landlord must return the security deposit to the tenant within one month (30 days) after the lease terminates. ^[4] This one-month timeline begins from the date the tenancy ends, not from the date the tenant vacates.

Allowable Deductions

The landlord may retain all or any portion of the security deposit that is reasonably necessary to: ^[4]

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

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

Normal wear and tear includes deterioration that occurs over time with ordinary use of the premises, such as minor scuffs on walls, worn carpet in high-traffic areas, or fading paint. Landlords cannot charge tenants for normal wear and tear.

Itemized Statement Requirement

If any portion of the security deposit is retained by the landlord, they must forward to the tenant an itemized statement within one month after the tenancy terminates. ^[4] The itemized statement must include:

An accounting for the proceeds which are retained

The specific reasons for each deduction

Penalties for Non-Compliance

Willful failure to comply with security deposit return requirements gives the tenant the right to recover: ^[5]

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

Willful failure definition: Failure to remit the security deposit within thirty days after written demand for a refund constitutes willful failure. ^[5]

Additionally, courts may award costs and attorney's fees to the prevailing party in an action to recover wrongfully withheld security deposits.

Transfer of Leased Property

When the lessor's interest in the leased premises is transferred during the lease term, the transferor (seller) must transfer the security deposit to the successor in interest (buyer). ^[4] Upon transfer, the transferor is relieved of further liability with respect to the security deposit, and the transferee becomes responsible for returning the deposit at lease termination.

Abandonment Exception

The one-month return requirement does not apply when the tenant abandons the premises without giving notice as required, or prior to the termination of the lease. ^[4] In abandonment situations, landlords should still make reasonable efforts to return any deposit balance owed after proper accounting for damages and unpaid rent.

Rent Payment Terms

Understanding rent payment terms, due dates, late fees, and tenant remedies is essential for both landlords and tenants in Louisiana.

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 (e.g., the first of each month for monthly tenancies). ^[6]

Grace Period

**Louisiana law does not mandate a grace period for late rent payment. **Rent is due on the date specified in the lease agreement, and landlords may charge late fees immediately after the rent becomes overdue. However, many landlords voluntarily provide a grace period (typically 3-5 days) as a courtesy to tenants. Any grace period should be clearly stated in the lease agreement.

Late Fees

Louisiana state law does not establish a maximum late fee amount for residential leases. Landlords may charge late fees as specified in the lease agreement, subject to the following guidelines:

Late fees must be clearly stated in the lease agreement

Fees should be reasonable in relation to actual damages or costs incurred

Excessively punitive fees may be deemed unenforceable by courts

*Industry standard: *While there is no statutory cap, a reasonable late fee is typically around 4-5% of the monthly rent. Courts generally consider fees within this range to be reasonable.

Landlord's Right to Enter

Notice Requirements

Louisiana state law does not establish specific statutory requirements for advance notice before landlord entry. Unlike many states, Louisiana has no statute requiring landlords to provide a specific notice period before entering leased premises.

However, tenants have a right to privacy and quiet enjoyment of the premises under Louisiana Civil Code. ^[7] In the absence of specific lease terms, it is recommended that landlords provide at least 24 hours' reasonable notice before entering the rental unit for non-emergency reasons. This notice should specify:

The date and approximate time of entry

The reason for entry (repairs, inspection, showing to prospective tenants)

Expected duration of the visit

Emergency Access

Landlords may enter rental units without advance notice in genuine emergency situations, including:

Fire, flood, gas leak, or other imminent hazards

Burst pipes or water damage requiring immediate attention

Security emergencies (break-ins, vandalism)

Situations posing immediate risk to health and safety

In emergency situations, landlords should attempt to notify tenants as soon as possible after entry.

Landlord Obligations

Warranty of Habitability

Deliver the premises in a condition suitable for the purpose for which they were leased

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

Make all repairs necessary to maintain the rental in suitable condition

Non-waivable provisions: The warranty of habitability cannot be waived for defects of which the landlord knew or should have known, and for defects that seriously affect tenant health and safety.

Repair and Deduct Remedy

If the landlord fails to make necessary repairs within a reasonable time after written demand by the tenant, the tenant may: ^[8]

Cause the repairs to be made and demand immediate reimbursement from the landlord

Apply the reasonable cost of repairs to the payment of rent

Eviction Procedures

Louisiana eviction procedures are governed by the Louisiana Code of Civil Procedure Articles 4701-4736. ^[9] Landlords must follow proper legal procedures to remove tenants from rental property.

Notice to Vacate Requirements

When a tenant's right of occupancy has ceased (due to lease termination, nonpayment of rent, or any other reason), the landlord must deliver written notice to vacate. ^[9] The notice must allow the tenant at least five (5) days from the date of delivery to vacate the leased premises.

Eviction for Non-Payment of Rent

For evictions based on non-payment of rent, the landlord must provide the 5-day written notice to vacate. ^[9] Louisiana law does not require landlords to allow tenants to cure the default by paying overdue rent (known as a "pay or quit" period), unless such a provision is included in the lease agreement.

Eviction for Lease Violations

For evictions based on violations of the lease agreement (other than non-payment), the landlord must also provide the 5-day written notice to vacate. ^[9] The notice should:

Clearly describe the lease violation with specificity sufficient for the tenant to pursue a defense

Reference the specific lease provision that was breached

State the termination date (at least 5 days from notice delivery)

Waiver of Notice

A tenant may waive the notice requirements by written waiver contained in the lease. ^[9] If notice is properly waived, upon termination of the tenant's right of occupancy for any reason, the landlord may immediately institute eviction proceedings without providing additional notice.

Month-To-Month Tenancy Termination

For month-to-month tenancies without a fixed end date, either party may terminate by providing 10 days' written notice prior to the end of the rental period. ^[9] For year-long leases that have converted to month-to-month, 30 days' written notice is required before the end of the lease year.

Self-Help Eviction Prohibited

**Louisiana law does not permit self-help eviction. **Landlords must follow proper court procedures to legally evict tenants. Illegal eviction actions include:

Changing locks without providing new keys to tenant

Removing doors, windows, or blocking entry

Shutting off utilities to force tenant to leave

Removing tenant's possessions without a court order

Landlords who engage in illegal eviction tactics may face legal consequences including damages and attorney fees.

Special Tenant Protections

Domestic Abuse Victims

Louisiana law provides special lease termination rights for domestic abuse victims under La. R.S. 9:3261.1. ^[10] A tenant who is a victim of domestic abuse may terminate a lease early by:

Providing written notice asserting that the tenant or household member is a domestic abuse victim seeking early termination

Providing reasonable documentation that the victim was subjected to domestic abuse on the leased premises within the past thirty (30) days

Termination timeline: The landlord shall terminate the lease agreement as a matter of law on a mutually agreed-upon date within thirty days of the written request. ^[10]

Sexual Assault Victims

Louisiana law also provides lease termination rights for sexual assault victims under La. R.S. 9:3261.2. ^[11] Requirements include:

Providing reasonable documentation that the tenant was a victim of sexual assault in Louisiana within the past sixty (60) days

The sexual assault must have occurred after the execution of the lease agreement

If the assault did not occur on the premises, the tenant must provide a declaration of why continuing to reside there may pose a threat to safety

Financial obligations: Tenants exercising these rights remain responsible for rent through the termination date, as well as any prior rent already owed to the landlord.

Military Servicemembers

Under federal law (Servicemembers Civil Relief Act, 50 U.S.C. 3955), military servicemembers may terminate a residential lease with 30 days' written notice if they receive: ^[12]

Orders for a permanent change of station (PCS)

Deployment orders for 90 days or more

This federal protection applies to all Louisiana residential leases and cannot be waived.