Under Louisiana law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Louisiana Code Title IX Chapter I, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Louisiana, landlords can’t legally rent property out unless it meets basic health and safety requirements. Most habitability regulation is done locally in Louisiana, but here is a list of amenities and how they relate to the statewide habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Not Addressed | Not Addressed |
| Hot Water | Not Addressed | Not Addressed |
| Kitchen Appliances | Not Addressed | Not Addressed |
| Garbage Containers/Removal | Not Addressed | Not Addressed |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Louisiana, landlords must make repairs within a “reasonable time” after getting notice about an issue from tenants. If repairs aren’t made in a timely manner, Louisiana tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or contract for repairs and deduct from the rent. Read more
Louisiana landlords have broad authority to evict tenants for any of the following reasons:
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
Unlike most states, Louisiana doesn’t have a statute that prohibits landlords from retaliating against tenants for things like reporting a code violation. However, Louisiana does recognize retaliation as a potential defense when a landlord attempts eviction, so tenants can claim landlord retaliation as a defense in court.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: Tenants who have a fixed-date lease are not required to provide any notice before the lease expires. Otherwise, landlords must give the following notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 5 Days |
| Month-to-Month | 10 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 30 Days |
Early Termination: A lease can be legally broken in Louisiana for the following reasons:
If a Louisiana tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Louisiana does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Louisiana does not have rent control, landlords can raise the rent by any amount, as often as they choose, as long as they avoid discrimination and do not increase the rent during the lease term unless the lease agreement allows for it.
Louisiana state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: The Fair Housing Act prohibits Louisiana landlords from discriminating against tenants on the basis of race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to some owner-occupied homes or homes run by religious organizations.
Louisiana does not offer special protections for any groups not listed in the Fair Housing Act. However, there is a precedent of Louisiana courts protecting immigrants from discrimination.
Discriminatory Acts & Penalties: The following acts may be considered discriminatory when directed towards a member of a protected class:
Complaints about housing discrimination in Louisiana can be made to the Louisiana Attorney General’s office. The decision of the Attorney General’s office can be used to support a civil suit.
In addition to having laws that address general issues like repairs and security deposits, most states, including Louisiana, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlords in Louisiana can enter rental property for reasonable purposes related to the tenancy. Louisiana has almost no regulations on a landlord’s right of access, so the lease usually controls in this area. Tenants only have a general and non-specific right to peaceful possession of the property.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000, excluding penalties, court costs, and attorneys’ fees. However, some Small Claims Courts in Louisiana do not allow plaintiffs to claim statutory penalties (like double damages).
Louisiana Small Claims Court is a division of City Court. In rural areas, small claims are filed in a Justice of the Peace Court. The process takes approximately two to three months.
Louisiana landlords are required to make the following mandatory disclosure:
Louisiana tenants can change their locks at will, as long as they provide the landlord any new keys so the landlord retains all rights of access. Landlords are not allowed to unilaterally change locks on tenants, as this is considered a form of illegal “self help” eviction.
Many cities in Louisiana have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
Can a Landlord Enter Without Permission in Louisiana? Louisiana landlords don't need permission to enter a rental property for any purposes reasonably related to the rental agreement. However, landlords cannot make an entry in a way that destroys the tenant's peaceful possession of the property. Read more » Is Louisiana a “Landlord Friendly” State? Louisiana is a “landlord-friendly” state. Landlords have broad authority to set and raise rental prices, evict tenants, and enter properties at will, and state standards for safe housing are not strict. Read more » What Are a Tenant’s Rights in Louisiana? Tenants have the right to safe and habitable rental property. They also have a general right to peaceful possession of rental property for the duration of a lease. Read more » Can a Tenant Change the Locks in Louisiana? Tenants in Louisiana can change their locks at will, if the rental agreement doesn't say otherwise. Landlords still have a legal right of access to the property, so tenants must promptly provide copies of any new keys. Read more »
