What clauses are legally required in every Louisiana lease agreement?
Every Louisiana lease should identify the lessor/agent and all adult lessees, the property, the rent and due date, and the term. Louisiana law is flexible about form: under Civil Code art. 2681 a lease "may be made orally or in writing," so there is no writing threshold between the parties — though a lease of immovable property must be recorded to affect third persons. The main statutory obligation is the deposit-return rule (below).
Louisiana security deposit rules — the one-month return
La. R.S. 9:3251–9:3254 govern deposits:
- No cap on the deposit amount (one month's rent is customary but not required).
- Return: within one month after the lease ends, the lessor must return the deposit or provide an itemized statement of any amount retained; the lessor may keep amounts reasonably needed to remedy the tenant's default or damage beyond normal wear. The tenant must provide a forwarding address (R.S. 9:3251).
- Penalty: willful failure to return within 30 days of the tenant's written demand makes the lessor liable for the wrongfully retained amount plus $300 or twice that amount, whichever is greater (R.S. 9:3252). A court may, in its discretion, award attorney's fees to the prevailing party (R.S. 9:3253).
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Louisiana
Louisiana does not set a statutory cap on residential late fees. A late fee is enforceable if it is written into the lease and reasonable under general contract principles. (The 5% cap in La. R.S. 9:3314 applies to consumer and equipment leases, not residential rentals.)
Notice periods to end or not renew a Louisiana lease
Louisiana notice periods:
| Situation | Notice | Authority |
|---|---|---|
| Terminate a month-to-month lease | At least 10 calendar days before the end of the month | Civ. Code art. 2728 |
| Nonpayment or holdover (notice to vacate) | 5 days from delivery | Code Civ. Proc. art. 4701 |
The 10-day termination notice is unusually short compared with the 30-day rule in most states. For eviction, the 5-day notice to vacate may be waived in writing in the lease, in which case the lessor may proceed immediately. Self-help eviction is unlawful.
What disclosures must Louisiana landlords provide?
Louisiana has few mandatory statewide disclosures:
- Lead-based paint (federal): the disclosure, records, and EPA pamphlet for pre-1978 housing.
- No general state mandate: Louisiana does not require statewide disclosure of mold, flooding, or death on the premises, though fraud and misrepresentation law still applies. Some cities (for example, New Orleans under its Healthy Homes ordinance) add local requirements.
What happens if a Louisiana lease is missing required terms?
Specific failures carry specific consequences:
- Wrongful deposit retention: after a written demand and 30 days, the lessor owes the retained amount plus $300 or twice that amount, whichever is greater, and may owe attorney's fees (R.S. 9:3252–3253).
- Improper notice to vacate: an eviction can be dismissed if the 5-day notice does not comply with art. 4701 (unless validly waived in the lease).
Managing rentals in more than one state? Compare Louisiana's Civil Code rules with our Texas and Florida lease requirement guides.
Full Louisiana disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Louisiana landlord must give at signing, see our Louisiana required lease disclosures checklist.
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Create your Louisiana lease agreement →Frequently asked questions
Is there a security deposit limit in Louisiana?
No. Louisiana sets no cap on the deposit amount, but the deposit must be returned with an itemized statement within one month of the lease ending (La. R.S. 9:3251).
What is the penalty for wrongfully keeping a deposit in Louisiana?
If the lessor willfully fails to return the deposit within 30 days of the tenant's written demand, the lessor owes the wrongfully retained amount plus $300 or twice that amount, whichever is greater, and a court may award attorney's fees to the prevailing party (La. R.S. 9:3252–3253).
How much notice is required to end a month-to-month lease in Louisiana?
At least 10 calendar days before the end of the month (La. Civ. Code art. 2728) — unusually short compared with the 30-day rule in most states.
Does Louisiana require a written lease?
No. Under Civil Code art. 2681 a lease may be made orally or in writing, so there is no writing threshold between the parties; a written lease is still strongly recommended, and a lease of immovable property must be recorded to affect third persons.
How much notice is required to evict for nonpayment in Louisiana?
A 5-day notice to vacate from delivery (La. Code Civ. Proc. art. 4701), unless the lease validly waives the notice, in which case the lessor may proceed immediately.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.