MODERATE RISK

Louisiana

Security deposit laws

Louisiana security deposit laws are detailed under Louisiana Revised Statutes, Title 9, Sections 3251-3261. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities. Please note that rules and regulations may vary by municipality.

Collecting & Holding

Security Deposit Amount

There is no statutory limit in Louisiana on the amount a landlord can require as a security deposit. The amount is typically agreed upon between the landlord and tenant in the lease agreement.

Options for Holding

Louisiana law does not specify how or where landlords must hold security deposits. The landlord may choose to hold the deposit in any type of account or manner, but it is typically held in a separate account for the tenant’s security deposit.

Notification Requirements

There are no specific requirements under Louisiana law for landlords to notify tenants of where the deposit is held.

Payment of Interest Earned

Louisiana law does not require landlords to pay interest on security deposits, regardless of where or how the deposit is held.

Returning

Timeline for Returning

Landlords in Louisiana must return the security deposit, minus any lawful deductions, within one month (30 days) after the tenant vacates the rental property.

Claims Process

If the landlord makes deductions from the deposit, they must provide the tenant with a written, itemized statement of the deductions within the above timeframe.

Permissible Deductions

Louisina landlords may deduct from the security deposit for the following reasons:

  • Unpaid rent
  • Damages to the property that exceed normal wear and tear
  • Costs for cleaning if the property was not left in a clean condition

Penalties

If a landlord fails to return the security deposit or provide an itemized statement of deductions within the required 30-day period, the tenant may sue for the amount wrongfully withheld. If the tenant wins the lawsuit, they may be awarded the deposit amount plus any damages, which can include up to $200 in penalties, as well as reasonable attorney’s fees and court costs.

Special Circumstances

In the case of a property sale or foreclosure, the original landlord must either return the security deposit to the tenant or transfer it to the new owner, who then assumes responsibility for the deposit. The new owner must adhere to the terms of the original lease agreement.

DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for
general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a
qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or
warranties regarding the accuracy, completeness, or reliability of the information presented.

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