Whether you’re having trouble getting your landlord to fix the air conditioning in your New Orleans apartment or you’re a landlord in Baton Rogue with some unruly LSU undergrads in your house, you can save yourself quite a few headaches with a better understanding of how landlord-tenant law works in the Bayou State. What happens if the lease runs out and you're still in the house? How much can you charge for a security deposit? Here is a brief overview of leases and rental agreements laws in Louisiana.
Leases and Rental Agreement Law
State statutes standardize the time limits for leases, lay out what happens when a lease expires, and prohibit housing discrimination. While state lease and rental agreement laws are generally similar, they can vary depending on where you live. Some states tend to have stricter tenant rights laws and have adopted the Uniform Residential Landlord & Tenant Act (URLTA).
Leases and Rental Agreements in Louisiana
The basics of lease and rental agreements laws in Louisiana are listed below.
| Code Section | Louisiana Laws Civil Code 2662, et seq.: Contract of Lease Louisiana Laws Code of Civil Procedure 4701, et seq: Termination of Lease Louisiana Revised Statutes 9:3251: Lessee’s Deposit Louisiana Revised Statutes 51:2602, et seq. : Housing Discrimination |
| Terms of Leases | Landlord's right to eject is waived when he accepts rent from holdover tenant (Canal Realty & Improvement Co. v. Pailet, 46 So.2d 303 (1950)) |
| Deposits | No limit on deposit; interest on deposit not required; deposit must be returned within one month of termination along with an itemized statement |
| Discrimination | No discrimination on basis of race, color, religion, sex, handicap, familial status, national origin; housing for older persons exempted |
| Uniform Residential Landlord & Tenant Act Adopted? | No |
After a Louisiana lease expires, if the landlord accepts more rent from the tenant, he or she loses the right to eject the tenant and a new lease is created. Louisiana has no cap on security deposits, nor any requirement to pay interest on the deposit, which must be repaid or accounted for in damage within one month of the lease termination.
Related Resources for Leases and Rental Agreements Laws
Renting and leasing laws can be complicated. You can visit FindLaw’s Leases and Rental Agreements section for additional resources and information on this topic. You can also contact a Louisiana landlord-tenant attorney if you would like legal assistance with a lease or rental agreement matter of if you would like to understand your rights and responsibilities under Louisiana’s leases and rental agreements.
