Louisiana Landlord-Tenant Law 2026: The Plain-English Guide
- Is there a cap on security deposits in Louisiana? No. R.S. 9:3251 sets no maximum — the one-month figure in many summaries is the return deadline, not a collection cap. The statute limits what you may retain (amounts reasonably necessary to remedy a default or…
- How long does a Louisiana landlord have to return a security deposit? Within one month after the lease terminates (R.S. 9:3251(A)). If part is retained, the itemized statement is due within one month after the tenancy terminates, or within 15 days after that date under Act 63 of 2026.…
- How much notice is required to evict for nonpayment in Louisiana? A written notice to vacate allowing at least five days from delivery under C.C.P. art. 4701 — the same notice used for violations and holdover, with no statutory right to cure. If the lease contains a written waiver…
Louisiana is the only state that runs residential rentals primarily out of a Civil Code instead of a uniform landlord-tenant act: lease is Civil Code arts. 2668–2729, deposits are the Lessee's Deposit Act at R.S. 9:3251–3254, and eviction procedure is Code of Civil Procedure arts. 4701–4705 and 4731–4735. There is no cap on security deposits — an earlier version of this guide, following a claim repeated across secondary sources, said R.S. 9:3251 caps deposits at one month's rent. It does not; the enacted text contains no amount limit at all, and that claim is corrected throughout this page. What Louisiana does have is a strict one-month deposit-return clock, a 5-day notice to vacate for every eviction ground with no statutory right to cure, a written lease waiver that can eliminate even that notice, a 10-calendar-day month-to-month notice, and tacit reconduction, under which a holdover silently converts an expired fixed term into a new periodic tenancy. There is also no general anti-retaliation statute and no statutory entry-notice period — gaps the lease itself has to fill.
At a glance
| Topic | Louisiana rule | Citation |
|---|---|---|
| Security deposit cap | None — no amount limit appears in the statute | R.S. 9:3251(A) |
| Deposit return | Within one month after the lease terminates | R.S. 9:3251(A) |
| Retention standard | Only what is reasonably necessary to remedy a tenant default or unreasonable wear | R.S. 9:3251(A) |
| Itemized statement | Within one month after the tenancy terminates, or within 15 days after that one-month date (Act 63 of 2026) | R.S. 9:3251(A) |
| Forwarding address | Tenant must furnish one at termination | R.S. 9:3251(A) |
| Willful-withholding penalty | Portion wrongfully retained plus $300 or twice that portion, whichever is greater; ignoring a written demand for 30 days is willful by law | R.S. 9:3252(A) |
| Deposit waiver | A lease clause waiving the tenant's deposit rights in advance is null and void | R.S. 9:3254 |
| Rent due date (default) | Beginning of the term or of each payment interval, absent contrary agreement | C.C. art. 2703 |
| Rent control | None statewide; no statute authorizes local rent control | — |
| Grace period / late-fee cap | None set by statute — both are lease terms | — |
| Month-to-month termination | Written notice at least 10 calendar days before the end of that month | C.C. art. 2728(2) |
| Fixed-term end | Terminates at expiration with no notice required | C.C. art. 2720 |
| Reconduction | After one week of unopposed holdover (lease longer than a week); a lease of a month or longer reconducts month to month | C.C. arts. 2721, 2723 |
| Notice to vacate | At least 5 days from delivery, all grounds; no statutory cure right | C.C.P. art. 4701 |
| Waiver of notice | Written waiver in the lease lets the lessor file immediately when occupancy rights end | C.C.P. art. 4701 |
| Rule for possession | Hearing not earlier than the third day after service; judgment effective at least 90 days | C.C.P. arts. 4731(A), 4732 |
| Warrant | Tenant who does not comply within 24 hours of judgment faces a warrant to the sheriff, constable, or marshal | C.C.P. art. 4733 |
| Suspensive appeal | Requires a sworn answer pleading an affirmative defense and appeal and bond within 24 hours of judgment | C.C.P. art. 4735 |
| Repair-and-deduct | After demand and a reasonable time: repair, then reimbursement or apply the cost to rent; no statutory dollar cap | C.C. art. 2694 |
| Entry notice | No statute — governed by the lease and the warranty of peaceful possession | C.C. arts. 2682, 2700 |
| Retaliation | No general state statute prohibits landlord retaliation | — |
| Disaster abandonment | In a federally declared disaster parish, stopped occupancy is not evidence of abandonment for 30 days; violation pays the greater of $500 or twice the monthly rent | C.C.P. art. 4731(C) |
The framework: a contract first, a code second
Article 2668 defines a lease as a synallagmatic contract: the lessor binds himself to give the lessee the use and enjoyment of a thing for a term, in exchange for rent the lessee binds himself to pay. A lease may be oral or in writing (C.C. art. 2681), although a lease of an immovable is not effective against third persons until recorded. Because the lease is a contract, its lawful terms do most of the day-to-day work — late fees, grace periods, entry notice, cure promises — and the Code supplies the defaults and non-waivable floors. When a party fails to perform, the other may obtain dissolution of the lease under the Conventional Obligations articles (C.C. art. 2719), and a lessor who wants possession must regain it "in the manner provided by law" (C.C. art. 2704) — the rule for possession below, never self-help.
When must a Louisiana landlord return a security deposit? (R.S. 9:3251–3254)
Our dedicated Louisiana security deposit law guide covers this Act in deposit-only depth; the rules below match it.
No cap — read that again
Section 3251(A) regulates the return of "any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement." It sets no maximum, and no other Louisiana statute caps a residential deposit. The one-month figure that circulates online is the return deadline, misread as a collection limit. Charge what the market supports — but the penalty in §3252 is calculated from the amount wrongfully retained, so a larger deposit is a larger penalty base if a withholding is later found wrongful.
The one-month return clock and the retention standard
The deposit must be returned within one month after the lease terminates. The lessor may retain only the portion reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises (§3251(A)). Ordinary wear is neither — if a charge cannot be tied to one of those two grounds, it does not belong on the statement. The Act contains no separate-account requirement and no interest requirement. Keep a clean ledger anyway, with dated photos and invoices behind every line. Our move-in/move-out inspection checklist builds that record.
The itemized statement — and the 2026 extension
If any portion is retained, the lessor must forward an itemized statement accounting for the proceeds retained and giving the reasons, to the forwarding address the tenant furnishes at termination. The statement is due within one month after the tenancy terminates — or, under Act 63 of 2026 (HB 292), within 15 days after the date that is one month after the tenancy terminates (§3251(A), as amended). The 2026 change extends the statement date only; the return date for the money did not move. Calendar both dates with the Security Deposit Deadline Finder and our deductions guide.
Forwarding address, sale of the property, and abandonment
- Forwarding address: the tenant "shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent" (§3251(A)). Ask for it in writing at move-out; the current text of §3251 does not pause the one-month clock while an address is missing, so do not import that pause rule from other states.
- Transfer: if the lessor's interest is transferred during the term, the transferor must also transfer the deposit to the successor in interest; the transferor is then relieved of further liability, and the transferee is responsible for the return (§3251(B)).
- Abandonment: Subsection A does not apply when the tenant abandons the premises without giving the required notice or before the lease terminates (§3251(C)) — a narrow, fact-specific exception, not a general early-move-out rule.
The penalty: $300 or double, and the demand clock
Under §3252(A), a willful failure to comply with §3251 gives the tenant the right to recover the portion of the deposit wrongfully retained, plus $300 or twice that portion, whichever is greater. The statute defines one form of willfulness conclusively: failure to remit within 30 days after written demand for a refund constitutes willful failure. The tenant may sue in the parish of the lessor's domicile or where the property is situated (§3252(B)), and the court may award costs and attorney fees to the prevailing party in its discretion (§3253). A lease clause waiving the tenant's rights under this Part in advance is null and void (§3254).
Run the arithmetic. Wrongfully keep $650 and the recovery is $650 plus the greater of $300 or $1,300 — $1,950, before fees. Wrongfully keep just $100 and the recovery is $100 plus $300 — $400, four times the amount kept. There is no small, safe withholding in Louisiana.
When the clocks actually start
1. The return clock runs from termination of the lease — one month, full stop. Not from when you regain possession, finish cleaning, or receive a forwarding address.
2. The statement clock runs from the same date, with the Act 63 alternative of 15 days past the one-month date. Meeting the statement date does not excuse a late refund of the undisputed balance.
3. The willfulness clock runs from the tenant's written demand. Failure to remit within 30 days after that demand is willful as a matter of law, even if the dispute began as paperwork. Log the demand date the day it arrives.
Worked example (weekdays verified): a lease terminates Wednesday, September 30, 2026, with a $1,800 deposit — lawful at that size, because there is no cap — and the tenant furnishes a forwarding address that day. Inspection supports $650 in qualifying charges, leaving a $1,150 balance due by Friday, October 30, 2026. The itemized statement for the $650 is due the same day, or by Saturday, November 14, 2026 under Act 63. Suppose instead nothing is sent, the tenant demands in writing on October 30, and the balance is still unremitted on Sunday, November 29, 2026 — 30 days after the demand, §3252(A) treats the failure as willful.
When is rent due in Louisiana, and can a parish or city cap it?
- When rent is due: absent a contrary agreement, usage, or custom, rent is due at the beginning of the term, and if payable by intervals shorter than the term, at the beginning of each interval (C.C. art. 2703).
- No rent control: Louisiana has no statewide rent control, and no statute authorizes a parish or municipality to impose it. The one recent attempt — 2026 HB 472, which would have authorized municipal rent stabilization — was involuntarily deferred in committee and not enacted (a study resolution passed instead).
- No statutory grace period and no late-fee cap: both live entirely in your lease: due date, grace days, fee amount or formula, and when it accrues. See how to handle late rent.
- Rent increases: no statute sets an increase-notice period. On a fixed term, rent changes only as the lease allows or at renewal. On a month-to-month tenancy, give increases in writing at least one full period ahead, alongside the art. 2728 framework below. See how to raise rent legally.
Does a Louisiana fixed-term lease end automatically, and what is reconduction?
Fixed-term leases end on their own (C.C. art. 2720)
"A lease with a fixed term terminates upon the expiration of that term, without need of notice, unless the lease is reconducted or extended." No termination notice is required — but silence is dangerous, because of what happens next.
Tacit reconduction (C.C. arts. 2721–2724) — Louisiana's signature trap
A fixed-term lease is reconducted if, after the term expires, and without notice to vacate or terminate or other opposition by either party, the lessee remains in possession: 30 days for an agricultural lease; one week for any other lease whose fixed term is longer than a week; or one day for a lease whose term is a week or shorter (art. 2721). For the ordinary residential lease, the trigger is one unopposed week of holdover. The reconducted term for a non-agricultural lease whose term was a month or longer is month to month; shorter original terms reconduct day to day or for periods equal to the expired term (art. 2723). When reconduction occurs, all provisions of the lease continue for the reconducted term, which is then terminated by the periodic notices in arts. 2727–2729 (art. 2724).
Worked example (weekdays verified): a one-year lease ends Saturday, October 31, 2026. The tenant stays and the landlord sends nothing. After one week of unopposed possession — by Saturday, November 7, 2026 — the lease is reconducted month to month on the same terms, and ending it now requires the 10-day art. 2728 notice below. The prevention is cheap: give written notice to vacate or terminate before expiration — C.C.P. art. 4701 allows a notice to vacate for a definite-term lease to be given not more than 30 days before the term expires — and any written opposition stops reconduction from forming.
Periodic and indeterminate tenancies (C.C. arts. 2727–2729)
A lease with an indeterminate term — including a reconducted lease — terminates by notice from the party who wants to end it (art. 2727), given at or before these times (art. 2728): a period longer than a month, 30 calendar days before the period ends; month to month, 10 calendar days before the end of that month; a period of a week or more but shorter than a month, 5 calendar days before the period ends; a shorter period, at any time before it expires. The notice terminates the lease at the end of the period specified, or, if none is specified, at the end of the first period for which it is timely. For an immovable or a movable used as a residence, the notice must be in writing (art. 2729). The 10-day figure is a calendar-day, end-of-month rule, not "10 days from delivery": to end a month-to-month tenancy on Wednesday, September 30, 2026, notice must be given on or before Sunday, September 20, 2026. An art. 2728 notice also satisfies the C.C.P. art. 4701 notice for a tenancy with no definite term.
How does a Louisiana landlord legally recover possession? (C.C.P. arts. 4701–4705, 4731–4735)
Self-help eviction is not a Louisiana remedy: no lock changes, no utility shutoffs, no removing belongings to force a tenant out. Possession moves only through this process. Full walkthrough: how to evict a tenant.
One notice for every ground: 5 days to vacate, no cure (art. 4701)
When the lessee's right of occupancy has ceased — by expiration of the term, action by the lessor, nonpayment of rent, or for any other reason — the lessor or his agent must cause written notice to vacate to be delivered, allowing not less than five days from the date of its delivery (art. 4701). Louisiana has one notice, not a pay-or-vacate menu: it covers nonpayment, violations, and holdover alike, and the statute grants no right to cure — paying or fixing the violation inside the five days does not defeat the filing unless your lease promises a cure opportunity. (An earlier version of this guide cited C.C.P. art. 4702 for lease violations and described a landlord-chosen cure; art. 4702 is the notice rule for an occupant other than a tenant, and no cure election exists in art. 4701. Corrected here.) If the premises are abandoned or closed, or the tenant's whereabouts are unknown, the notice may be delivered by attaching it to a door of the premises (art. 4703).
The waiver shortcut — and why lease drafting decides it
"A lessee may waive the notice requirements of this Article by written waiver contained in the lease, in which case, upon termination of the lessee's right of occupancy for any reason, the lessor or his agent may immediately institute eviction proceedings" (art. 4701). Most Louisiana residential leases contain this waiver. If yours does, there is no 5-day wait. If it does not, a missing or short notice is the most common reason a valid eviction is dismissed and restarted. Check the waiver before calendaring anything, and see our lease agreement guide before copying waiver language from another state's form.
The court steps (arts. 4731–4735)
1. Rule to show cause (art. 4731(A)). If the lessee fails to comply with the notice — or waived it and lost occupancy rights — the lessor may have him cited summarily in a court of competent jurisdiction (justice of the peace, city, or district court, depending on parish and amount) to show cause why he should not be ordered to deliver possession. The rule must state the grounds.
2. Trial not earlier than the third day (art. 4732). The rule is returnable not earlier than the third day after service; the court tries it and hears any defense. If the lessor is entitled to relief — or the lessee fails to answer or appear — judgment of eviction renders immediately, effective for not less than 90 days.
3. Warrant after 24 hours (art. 4733). If the lessee does not comply within 24 hours after rendition of the judgment, the court issues a warrant to the sheriff, constable, or marshal to deliver possession.
4. Execution (art. 4734). The officer — not the lessor — executes the warrant and clears the premises before two witnesses.
5. Appeal does not stop execution by itself (art. 4735). An appeal suspends the judgment only if the defendant answered under oath pleading an affirmative defense, and the appeal and bond are filed within 24 hours after rendition of judgment, in an amount the court sets.
Worked timeline (weekdays verified): rent is due Thursday, October 1, 2026 and is not paid, and the lease has no waiver. The lessor delivers written notice to vacate on Friday, October 2, 2026; the five days run from delivery, so the tenant must vacate by Wednesday, October 7, 2026. The rule for possession may be filed Thursday, October 8, 2026, and made returnable no earlier than the third day after service. Judgment starts the 24-hour warrant clock and the tenant's 24-hour suspensive-appeal window at the same moment. With a valid waiver, the October 2–7 notice step disappears and the rule may be filed as soon as the occupancy right ends.
Abandonment is the only no-court shortcut — and disasters suspend it
After the required notice, the lessor may take possession without further judicial process upon a reasonable belief that the lessee has abandoned the premises (art. 4731(B)). Indicia: cessation of occupancy, returning the keys, removal of furnishings or other movables. There is no general Louisiana statute prescribing a notice-and-storage procedure for ordinary belongings left behind — document and photograph everything, and do not treat a merely quiet unit as abandoned. Act 442 of 2022 added the disaster rule: in parishes under a federal disaster declaration, cessation of residential occupancy is not evidence of abandonment for 30 days following the initial declaration, and a violating lessor faces recovery of the greater of $500 or twice the monthly rent, plus injunctive relief and possible fees (art. 4731(C)).
What repairs must a Louisiana lessor make during the lease? (C.C. arts. 2682–2702)
The lessor's duties and the warranty
The lessor is bound to deliver the thing, maintain it in a condition suitable for the purpose for which it was leased, and protect the lessee's peaceful possession (art. 2682). Delivery must be at the agreed time and in good condition (art. 2684). During the lease the lessor must make all repairs that become necessary to maintain that suitable condition, except repairs the lessee is responsible for (art. 2691), and may not make alterations during the lease (art. 2690). The lessee must use the thing as a prudent administrator, repair damage caused by his own fault or by persons he allows on the premises, return the thing in its delivered condition except for normal wear and tear (arts. 2683, 2692), and notify the lessor without delay when the thing is damaged, requires repair, or his possession is disturbed (art. 2688) — give tenants a written maintenance channel at move-in and log every report. See how to handle maintenance requests.
Separate from the repair duty, the lessor warrants that the thing is suitable for the purpose for which it was leased and free of vices or defects that prevent its use for that purpose — including defects arising after delivery through no fault of the lessee, and defects the lessor did not know about (arts. 2696–2697). In a residential lease the warranty protects everyone residing in accordance with the lease (art. 2698). It can be waived, but only by clear and unambiguous language brought to the lessee's attention, and a waiver is ineffective for defects the lessee did not know of that the lessor knew or should have known of — and ineffective in a residential or consumer lease to the extent it purports to waive the warranty for vices or defects that seriously affect health or safety (art. 2699). A boilerplate "as-is" clause does not do what many landlords think it does. The lessor also warrants peaceful possession against disturbances by persons asserting a right in the thing — in a residential lease, including persons the lessor allowed access or who occupy the lessor's adjacent property — and must act once informed (arts. 2700–2701).
The lessee's remedies — repair, abatement, dissolution
- Repair-and-deduct, correctly cited (art. 2694). If the lessor fails to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made and demand immediate reimbursement or apply the amount to rent — only to the extent the repair was necessary and the amount reasonable. No dollar cap and no fixed day count. (An earlier version of this guide located repair-and-deduct in arts. 2693–2696 with a "put the lessor in default" procedure. Article 2693 is the lessor's right in the next bullet; art. 2694 is the repair right. Corrected here.)
- Non-postponable repairs by the lessor (art. 2693). If a repair cannot be postponed until the end of the lease, the lessor may make it even if it inconveniences the lessee or costs him use of the thing; the lessee may then obtain a reduction or abatement of rent, or dissolution, depending on fault, repair length, and loss of use.
- Dissolution (art. 2719). A failure to perform — including a failure to repair — lets the other party obtain dissolution under the Conventional Obligations articles. Courts do not favor dissolving leases for minor failures, which is why a documented, prompt repair file is the landlord's whole defense.
- Constructive eviction and mitigation (R.S. 9:3260). When a tenant has been constructively evicted and the premises rendered uninhabitable through no fault of the tenant, the lessor must mitigate his damages.
- No rent-withholding statute. Nothing authorizes a tenant simply to stop paying rent over a repair dispute outside the art. 2694 track. A tenant who withholds is exposed on the art. 2704 nonpayment path — and a landlord who ignores a demand is building the tenant's deduction and dissolution case.
Destruction and disaster (arts. 2714–2715)
If the leased thing is lost or totally destroyed without the fault of either party, or is expropriated, the lease terminates and neither party owes damages (art. 2714). If it is partially destroyed or its use otherwise substantially impaired without the lessee's fault, the lessee may obtain a diminution of rent or dissolution, whichever fits the circumstances — plus damages if the lessor was at fault; where the impairment came from circumstances external to the thing, the lessee gets dissolution but not a rent diminution (art. 2715). In a hurricane state, these articles — plus the art. 4731(C) freeze — are the disaster law of the lease.
How much notice must a Louisiana landlord give before entering a rental?
Louisiana has no statute setting an entry-notice period, permitted purposes, or reasonable hours — the Civil Code lease title contains no entry article at all. What bounds entry is the duty to protect peaceful possession (arts. 2682, 2700), the ban on alterations during the lease (art. 2690), and the right to make repairs that cannot be postponed (art. 2693), which presupposes access for genuine urgency. Everything else is contract. Write the clause a statute would have given you: 24 hours' written notice for non-emergency entries, at reasonable times, for inspections, repairs, and showings, with emergencies and reasonably believed abandonment as exceptions — then log every entry. Without that clause, every contested entry becomes an argument about peaceful possession after the fact.
Retaliation: the statute that does not exist
An earlier version of this guide stated that retaliation protections apply in Louisiana. That is not correct as a statement of state statute, and it is corrected here. Louisiana is one of the small group of states with no general statute prohibiting retaliation against a tenant who complains to code enforcement, reports habitability problems, or exercises a legal right — no protected-activity list, no presumption window, no statutory penalty. Three narrower protections still matter: retaliation for exercising federal fair housing rights is federally prohibited; a landlord may not deny, terminate, or refuse to renew a lease, or charge extra fees, because a lessee or household member is a domestic abuse victim or called emergency assistance after an incident (R.S. 9:3261.1(C)–(D), within its building-size limits); and courts recognize retaliation through the civil-law abuse-of-rights doctrine as a possible eviction defense — fact-intensive, with no presumption. Some municipalities add local rules (New Orleans adopted a limited retaliation-presumption ordinance in 2023); check your parish and city. The absence of a statute is not a strategy: document an independent reason for every increase, non-renewal, and filing that follows a complaint.
Early termination rights a landlord cannot waive away
- Military (R.S. 9:3261). An active or reserve member of the armed forces, National Guard, or Coast Guard may terminate a residential lease on written notice effective not less than 30 days after service (and not more than 60 days before the departure the orders require) on triggers including change-of-station or temporary-duty orders (over three months) to depart 35 miles or more from the dwelling, discharge, release, or retirement, or being ordered into government quarters. The member furnishes a copy of the orders or a commanding officer's letter before the termination date. The federal Servicemembers Civil Relief Act (50 U.S.C. §3955) provides a parallel right.
- Domestic abuse and stalking (R.S. 9:3261.1). For dwellings in buildings of six or more units (excepting buildings of ten or fewer units where the owner occupies one), a domestic abuse victim may obtain accommodations including early termination on a mutually agreed date within 30 days of the written request, on reasonable documentation (a Uniform Abuse Prevention Order or a Certification of Domestic Abuse), owing rent only through the termination date, with deposit withholding only as §3251 permits. Act 64 of 2026 (HB 297, effective August 1, 2026) expanded this section to stalking and cyberstalking victims, including a certification route for stalking off the premises. A parallel section covers sexual assault victims, with documentation that the assault occurred in Louisiana within the past 60 days (R.S. 9:3261.2).
- Foreclosure disclosure runs the other way (R.S. 9:3260.1). A lessor must disclose in writing, before and during the lease, any pending foreclosure action against the dwelling, and give all lessees written notice within seven calendar days of being served with a notice of seizure, using the statutory statement that the notice is not a notice to vacate and rent remains due. A lessee who proves a violation recovers $200 in damages in addition to any other damages, remedies, and costs.
Disclosures: what Louisiana does and does not require
Louisiana imposes no general landlord disclosure package for ordinary leases — no state mold, bedbug, or owner-identity disclosure statute. Two boundaries are routinely misstated. First, flood information: the Property Disclosure Act (R.S. 9:3196–3200, including §3198) requires a seller to deliver a property disclosure document — covering flood matters among other known conditions — in a sale, exchange, or lease with an option to purchase. It is not a duty owed to an ordinary tenant under a plain lease, and no separate rental flood-disclosure statute exists; disclosing known flood history anyway is cheap protection against a warranty claim under art. 2696. Second, lead-based paint: the federal disclosure rule for pre-1978 housing applies as everywhere else.
Discrimination
The federal Fair Housing Act applies in full. Louisiana's own Equal Housing Opportunity Act (R.S. 51:2601 et seq.) mirrors the federal classes: race, color, religion, sex, national origin, familial status, and disability. It adds no statewide class beyond the federal list — check city ordinances for local additions. Screen every applicant with the same written criteria and document your decisions. Our fair housing guide covers what you can and cannot ask.
What changed in 2023–2026
Checked against the Acts of the 2023–2026 sessions: two enacted changes touch this page. Act 63 of 2026 added the alternative 15-days-after-one-month statement date in R.S. 9:3251(A) (the return date did not move). Act 64 of 2026 expanded R.S. 9:3261.1 early termination to stalking and cyberstalking victims, effective August 1, 2026. Civil Code art. 2701 carries a 2025 amendment credit (Act 488 of 2025); the duty it states is the text quoted above. The disaster rule in C.C.P. art. 4731(C) predates the window slightly (Act 442 of 2022). No other enacted amendment to Civil Code arts. 2668–2729, R.S. 9:3251–3254 or 3260–3261.2, or C.C.P. arts. 4701–4735 was found in the 2023–2026 sessions — and 2026 HB 472, authorizing municipal rent stabilization, was deferred and not enacted.
A 10-step Louisiana compliance checklist
1. Price the deposit freely, calendar it strictly. No cap under R.S. 9:3251 — but return the balance within one month after the lease terminates, every time.
2. Get the forwarding address in writing at termination (§3251(A)); mail refund and statement to exactly that address, with proof of mailing.
3. Retain only default and unreasonable-wear amounts, itemized with reasons, by the one-month or Act 63 statement date — and treat any written refund demand as a hard 30-day willfulness deadline (§3252(A)).
4. Write the lease like a Civil Code lease: the notice waiver in proper written form, late fee and grace period stated, a 24-hour entry clause supplied by contract, and no clause waiving deposit rights (§3254) or the health-and-safety warranty (art. 2699).
5. Diary every fixed-term expiration 30 days out. Serve written notice to vacate or terminate inside the C.C.P. art. 4701 window so one unopposed holdover week never reconducts the lease (arts. 2720–2721).
6. Count periodic notices to the end of the period: 10 calendar days before month-end for month to month, 30 for longer periods, 5 for weekly-plus periods (art. 2728) — in writing for residences (art. 2729).
7. Use the single 5-day notice to vacate for every ground unless the lease waives notice; promise no cure the statute does not grant, and file the rule for possession the day the notice expires (arts. 4701, 4731).
8. Answer repair demands in writing and repair within a reasonable time. That file defends against an art. 2694 deduction, an art. 2719 dissolution, and an art. 2693 abatement claim — and never use lockouts or shutoffs outside the art. 4733–4734 warrant process.
9. In a declared disaster, freeze abandonment assumptions for 30 days (art. 4731(C)) and route hurricane damage through arts. 2714–2715 before demanding or forgiving rent.
10. Process protected terminations on their own tracks: military notices under R.S. 9:3261, abuse/stalking/sexual-assault accommodations under R.S. 9:3261.1–3261.2, foreclosure notices to tenants within seven days of seizure under R.S. 9:3260.1.
The bottom line
Louisiana rewards landlords who draft and calendar, and punishes everyone else quietly. There is no deposit cap, no rent control, no grace period, no entry statute, and no retaliation statute — the Civil Code instead gives you a lease-driven system with hard edges: a one-month deposit clock priced at $300 or double when a willful miss occurs, a single 5-day notice to vacate that a written lease waiver can erase entirely, a 10-day month-to-month notice counted to the end of the month, and reconduction, which converts one silent week of holdover into a brand-new month-to-month tenancy on the old terms. Master the vocabulary — reconduction, dissolution, rule for possession — and Louisiana is one of the fastest, most predictable states in the country to operate in. Guess at it with another state's forms and it will correct you at your expense.
Louisiana's Civil Code tradition means one missed reconduction step can silently renew an entire tenancy — and no deposit cap, a one-month deposit-return clock (a willful miss costs $300 or double the amount wrongfully retained), and a single 5-day notice to vacate leave almost no margin for error. The 50-State Landlord Law Dataset (CSV + JSON) ($29) puts all 50 states' deposit caps, return deadlines, damage multipliers, and entry-notice rules in one searchable spreadsheet so you can compare and comply without re-reading statutes.
Primary sources
Every statute statement on this page was checked against the Louisiana Legislature's official text at legis.la.gov, the LSU Law Center's Civil Code, and the Justia mirror. Read the sections yourself before relying on any summary, including this one:
- R.S. 9:3251 — Lessee's deposit (Louisiana Legislature, official text) — no cap in the text; return, retention, forwarding address, transfer, abandonment.
- Act 63 of 2026 / HB 292 (Louisiana Legislature, enrolled act) — the 15-day statement extension to §3251(A).
- R.S. 9:3252 (Justia) — willful-failure recovery and the 30-day demand rule.
- Civil Code art. 2668 (Louisiana Legislature, LawPrint) — the contract of lease defined.
- Civil Code arts. 2682–2694 (LSU Law Center, Louisiana Civil Code) — delivery, maintenance, and the repair duties, including art. 2694.
- Civil Code arts. 2696–2704 (LSU Law Center, Louisiana Civil Code) — the warranties, rent due dates, and nonpayment dissolution.
- Civil Code art. 2721 (Justia) — reconduction.
- Civil Code art. 2728 (Justia) — the 30 / 10 / 5 calendar-day notice ladder.
- Civil Code art. 2715 (Justia) — partial destruction: rent diminution or dissolution.
- C.C.P. art. 4701 (Justia) — the 5-day notice to vacate and the written waiver.
- C.C.P. art. 4731 (Justia) — rule to show cause, abandonment, disaster rules.
- C.C.P. art. 4732 (Louisiana Legislature, official text) — trial timing; judgment of eviction.
- C.C.P. art. 4733 (Justia) — warrant for possession after 24 hours.
- C.C.P. art. 4735 (Justia) — suspensive appeal conditions.
- R.S. 9:3260.1 (Justia) — foreclosure notification; the $200 recovery.
- R.S. 9:3261 (Justia) — military termination.
- R.S. 9:3261.1 (Louisiana Legislature, LawPrint) — domestic abuse; stalking and cyberstalking.
- Act 64 of 2026 / HB 297 (Louisiana Legislature, enrolled act) — the stalking expansion of §3261.1.
- Fair Housing Basics (Louisiana Housing Corporation) — the seven protected classes, federal Act and R.S. 51:2601 et seq.
Frequently asked questions
Is there a cap on security deposits in Louisiana?
No. R.S. 9:3251 sets no maximum — the one-month figure in many summaries is the return deadline, not a collection cap. The statute limits what you may retain (amounts reasonably necessary to remedy a default or unreasonable wear) and, through R.S. 9:3252, prices a willful failure at the portion wrongfully retained plus $300 or twice that portion, whichever is greater.
How long does a Louisiana landlord have to return a security deposit?
Within one month after the lease terminates (R.S. 9:3251(A)). If part is retained, the itemized statement is due within one month after the tenancy terminates, or within 15 days after that date under Act 63 of 2026. The tenant must furnish a forwarding address at termination, and ignoring a written refund demand for 30 days makes a failure willful by law (R.S. 9:3252(A)).
How much notice is required to evict for nonpayment in Louisiana?
A written notice to vacate allowing at least five days from delivery under C.C.P. art. 4701 — the same notice used for violations and holdover, with no statutory right to cure. If the lease contains a written waiver of that notice, the lessor may file the rule for possession immediately once the occupancy right ends. Then: rule to show cause (art. 4731), hearing not earlier than the third day after service (art. 4732), warrant 24 hours after judgment (art. 4733).
How much notice ends a Louisiana month-to-month tenancy?
Written notice at least 10 calendar days before the end of that month, under Civil Code art. 2728(2) — either party may give it, and for a residence it must be in writing (art. 2729). A period longer than a month takes 30 calendar days; a period of a week or more but shorter than a month takes 5. The art. 2728 notice also satisfies the C.C.P. art. 4701 notice for a tenancy with no definite term.
What is tacit reconduction, and how does a landlord prevent it?
Under Civil Code art. 2721, an expired fixed-term lease is reconducted if the tenant remains in possession — one week in an ordinary residential lease — without notice to vacate or terminate or other opposition from either side. A lease of a month or longer reconducts month to month on the same terms (arts. 2723–2724). Prevent it with written notice before the term expires; C.C.P. art. 4701 allows that notice not more than 30 days before expiration.
Can a Louisiana tenant repair and deduct?
Yes, under Civil Code art. 2694 — not under a withholding statute. The lessor must first fail to make a necessary repair within a reasonable time after the lessee's demand. The lessee may then have the repair made and demand reimbursement or apply the amount to rent, only to the extent the repair was necessary and the amount reasonable. There is no dollar cap and no fixed waiting period, and simply stopping rent outside this track exposes the tenant to eviction under art. 2704.
How much notice must a Louisiana landlord give before entering a rental?
None is set by statute — Louisiana has no entry-notice law. Entry is bounded by the peaceful-possession duty (C.C. arts. 2682, 2700), the ban on alterations during the lease (art. 2690), and the right to make repairs that cannot be postponed (art. 2693). The defensible lease default is 24 hours' written notice for non-emergency entries at reasonable times, emergencies excepted, with a log of every entry.
Is there rent control in Louisiana, and are late fees capped?
No, on both counts. No statute imposes rent control or authorizes a locality to impose it — 2026 HB 472, which would have authorized municipal rent stabilization, was involuntarily deferred and not enacted — and no statute caps late fees or requires a grace period. Rent is due at the beginning of the term or payment interval unless the lease says otherwise (C.C. art. 2703); fees and grace days are whatever your lease states.
Can a Louisiana landlord retaliate against a tenant who complains?
Louisiana has no general anti-retaliation statute — no protected-activity list, presumption window, or statutory penalty. That does not make retaliation safe: retaliation for exercising federal fair-housing rights is federally prohibited, R.S. 9:3261.1 bars adverse action against domestic abuse victims within its scope, abuse of rights is a possible eviction defense, and some cities (including New Orleans) have local rules. Document an independent reason for every increase, non-renewal, or filing that follows a complaint.
What happens to a Louisiana lease if a hurricane destroys the home?
If the home is totally destroyed without either party's fault, the lease terminates and neither party owes damages (C.C. art. 2714). If it is partially destroyed or its use substantially impaired without the lessee's fault, the lessee may obtain a rent reduction or dissolution, plus damages if the lessor was at fault (art. 2715). In a parish under a federal disaster declaration, a tenant's absence is not evidence of abandonment for 30 days, and violating that rule costs the greater of $500 or twice the monthly rent (C.C.P. art. 4731(C)).
Can a servicemember or a domestic abuse victim break a Louisiana lease early?
Yes, on tracks the lease cannot waive away. Under R.S. 9:3261, a servicemember with qualifying orders (including a move of 35 miles or more) may terminate on written notice effective at least 30 days after service, with a copy of the orders or a commanding officer's letter; the federal SCRA provides a parallel right. Under R.S. 9:3261.1, a domestic abuse victim in a covered building may obtain early termination on a mutually agreed date within 30 days of a documented written request, owing rent only through that date; Act 64 of 2026 extended the protection to stalking and cyberstalking victims, and R.S. 9:3261.2 covers sexual assault victims.
More landlord-tenant law guides
- Landlord-tenant law by state
- Louisiana security deposit law
- Kentucky landlord-tenant law
- Maine landlord-tenant law
- Kansas landlord-tenant law
- Maryland landlord-tenant law
This is general information, not legal advice. Consult a Louisiana landlord-tenant attorney for specific situations.