How does Louisiana landlord-tenant law differ from that of other states?

Louisiana landlord-tenant law is different in several aspects from the laws in other states. For instance, most states require 30 days notice to terminate a month-to-month tenancy, whereas Louisiana requires only 10 days notice.

Partial rent abatements are not allowed for major neglect by the landlord, such as failing to provide heat, electricity and water. As well, a tenant does not have the right to delay an eviction judgment for special hardship by paying the rent to the landlord for extended occupancy in the rental unit. Louisiana does not impose double or triple damages against landlords who evict tenants without getting a court judgment - tenants are limited to ACTUAL damages.

Residents of hotels, motels or similar lodgings are not covered under State landlord-tenant law.

Is it necessary to have a written lease or rental agreement?

A lease can be either written or oral, however, a written lease is recommended in order to ensure that the rights and responsibilities of both parties are clearly set out. A tenant with an oral lease can be evicted for no reason upon 10 days written notice prior to the end of the current rental month.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

The landlord has the right to charge a security deposit to cover unpaid rent or damages to the rental unit (other than normal wear and tear). There is no legal limit on what the landlord can charge as a deposit.

The landlord must return the deposit within 30 days of termination of the lease, provided the tenant has paid all the rent and not caused any damage, and has also given the landlord a forwarding address. The landlord may also be able to keep the deposit if the tenant failed to give proper notice before moving out. The landlord is not required to pay interest unless this was agreed to in the lease.

When is the landlord allowed to increase the rent?

With a written lease for a specific time period (such as 1 year, etc), the landlord can only raise the rent in accordance with the terms of the lease. If the lease does not contain a provision for rental increases during the lease term, the landlord cannot raise the rent until the lease expires. In a month-to-month tenancy, the landlord can raise the rent by giving the tenant 10 days written notice before the next rent is due.

Can the landlord levy additional charges for late rent?

Rent is late the day after it is due. There is no grace period for rent under State law, and the landlord does not have to accept late rent. The law does not specifically deal with the issue of late fees.

How can a lease be terminated?

A month-to-month tenancy can be terminated by either party giving the other party 10 days written notice. A written lease for a fixed term terminates at the end of the lease period, and cannot be terminated earlier unless the parties agree. There are some special circumstances which will allow for a lease to be terminated earlier, such as relocation for active military personnel, loss of job, severe illness, etc.

When is the landlord permitted to enter the premises?

There is no State law governing when the landlord is permitted to enter or how notice s/he must give before doing so.

On what grounds can a landlord evict a tenant?

Some of the common reasons for which tenants are evicted include failure to pay the rent, violation of the lease, damage to the premises, failure to move out after the lease has expired, causing disturbance, and illegal activities on or around the premises.

A tenant must be given notice before being evicted. The landlord must give 5 days notice where there is cause for eviction, and 10 days notice if there is simply a termination of a month-to-month tenancy.

A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.

Louisiana laws do not expressly provide for rules on when an eviction is an unlawful retaliation against a tenant for exercising his/her rights, making it difficult for a tenant to prove a case for unlawful retaliation.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.