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Louisiana Security Deposit Law, in Plain English
Louisiana Security Deposit Law, in Plain English
- 1 monthDeadline after the lease terminates to return the deposit or forward an itemized statement of what's retained and why
- No capLouisiana sets no limit on deposit size and requires no interest
- 30 daysAfter the tenant's written demand — the silence that the statute defines as "willful failure"
- $300 or 2xThe penalty on top of the amount wrongfully retained, whichever is greater
- DiscretionaryCosts and attorney's fees — available to the prevailing party at the court's option
No cap, no interest — the Act starts at termination
Louisiana sets no limit on deposit size, requires no interest, and says nothing about where the money is kept. The Lessee's Deposit Act covers any advance or deposit that secures a written or oral lease, and its rules begin the day the lease ends.
After termination: one month to return — or itemize "unreasonable wear"
Within one month after the lease terminates, the deposit must be returned — except for what is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion is retained, the landlord must forward, within the same month, an itemized statement accounting for the retained amount and giving the reasons.
Louisiana's standard is worded from the other direction than most states': not "ordinary wear and tear excepted" but "unreasonable wear" chargeable. The meaning is the same. Ordinary wear from normal living — faded paint, carpet worn along the hallway — isn't unreasonable and can't come out of the deposit. Defaults (unpaid rent, a broken lease) and genuine damage can.
The statute directs the itemized statement to the tenant's forwarding address. Leave one, in writing, at termination.
Thirty days after a written demand, silence becomes "willful"
Most deposit statutes leave "willful" to the judge. Louisiana defines it: failure to remit within 30 days after written demand for a refund constitutes willful failure (R.S. 9:3252). That single sentence hands the tenant the playbook. Send a written demand — with the forwarding address — the day the lease ends, keep proof of delivery, and wait 30 days. If nothing arrives, the landlord's conduct is willful as a matter of statute, and the penalty below attaches.
For landlords, the mirror is just as clear: a demand letter is a 30-day fuse. Answer it — with the refund or the itemized statement — before it burns down.
Louisiana asks one question: was the wear unreasonable? The move-in record answers it.
- Done at the door, not at your desk
- One link for everyone. No account, no app.
- Dated, room-by-room proof for when the deposit is due
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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Louisiana law or a particular result in a deposit dispute.
When it goes wrong: the amount, plus $300 or double
For a willful failure, the tenant recovers the wrongfully retained portion and the greater of $300 or twice the amount wrongfully retained — from the landlord or the landlord's successor in interest. On a $600 wrongful retention, that's $600 plus $1,200. On a $100 one, it's $100 plus $300; the floor exists so small deposits are still worth pursuing.
Costs and attorney's fees are discretionary — the court may award them to the prevailing party, in either direction (R.S. 9:3253). A sale of the property doesn't erase the obligation: the original lessor stays liable unless the deposit was transferred to the new owner and the tenant notified, after which the successor is bound.
Suit may be filed in the parish where the property sits or where the landlord is domiciled. The small claims division of city court hears claims up to $5,000 — informal and inexpensive. The winning file: the lease, the written demand with proof of delivery, the itemized statement or the silence where one should have been, and dated room-by-room photos from both ends of the tenancy.
Frequently asked questions
How long does a landlord have to return a security deposit in Louisiana?
One month after the lease terminates. Within that month the landlord must return the deposit or forward an itemized statement accounting for anything retained and the reasons. Leave a forwarding address — the statute directs the statement there.
How much can a landlord charge for a security deposit in Louisiana?
There's no statutory cap, no interest requirement, and no rule on where the money is kept. Louisiana regulates the return, not the amount.
What can a landlord deduct from a deposit in Louisiana?
Only what's reasonably necessary to remedy your default — unpaid rent or a lease breach — or to remedy 'unreasonable wear' to the premises. Ordinary wear from normal living isn't unreasonable and isn't deductible.
What is a 'willful failure' under Louisiana law?
The statute defines it for you: a landlord who fails to remit within 30 days after your written demand for a refund has willfully failed. That makes your demand letter the most important document in the process — send it in writing, with your forwarding address, and keep proof of delivery.
What can I recover if the landlord willfully keeps my deposit?
The wrongfully retained amount, plus the greater of $300 or twice that amount. On a $600 wrongful retention, that's $600 plus $1,200. The court may also award costs and attorney's fees to the prevailing party, at its discretion.
What if the building was sold during my lease?
The original landlord stays liable for your deposit unless it was transferred to the new owner and you were notified; once that happens, the successor in interest is bound by the same rules and the same penalties.
Does Louisiana require a move-in inspection or photos?
No. The Lessee's Deposit Act has no checklist, walkthrough, or photo requirement. That leaves 'unreasonable wear' entirely to the evidence — and in a dispute, the side with dated room-by-room documentation from move-in usually wins.
Where do deposit disputes go in Louisiana?
The small claims division of city court (or a justice of the peace court) handles claims up to $5,000; you may file in the parish where the property sits or where the landlord lives. Bring the lease, your written demand and forwarding address, the itemized statement or proof none arrived, and dated move-in and move-out photos.
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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Louisiana law or a particular result in a deposit dispute.
Related inspection guides
Compare state guides
These state rules are not interchangeable. Read the guide for the state where the rental is located.
- California security deposit law
- Connecticut security deposit law
- Oklahoma security deposit law
- Kentucky security deposit law
- Alabama security deposit law
- South Carolina security deposit law
- Indiana security deposit law
- Nevada security deposit law
- Washington security deposit law
- Georgia security deposit law
- Texas security deposit law
- Arizona security deposit law
- Wyoming security deposit law
- Vermont security deposit law
- Alaska security deposit law
- North Dakota security deposit law
- South Dakota security deposit law
- Delaware security deposit law
- Rhode Island security deposit law
- Montana security deposit law
- Maine security deposit law
- New Hampshire security deposit law
- Hawaii security deposit law
- Idaho security deposit law
- West Virginia security deposit law
- Nebraska security deposit law
- New Mexico security deposit law
- Kansas security deposit law
- Mississippi security deposit law
- Arkansas security deposit law
- Iowa security deposit law
- Utah security deposit law
- Missouri security deposit law
- Wisconsin security deposit law
- Minnesota security deposit law
- Maryland security deposit law
- Tennessee security deposit law
- Oregon security deposit law
- Colorado security deposit law
- Massachusetts security deposit law
- Virginia security deposit law
- New Jersey security deposit law
- Michigan security deposit law
- North Carolina security deposit law
- Ohio security deposit law
- Pennsylvania security deposit law
- Illinois security deposit law
- New York security deposit law
- Florida security deposit law
Sources and official texts
- La. R.S. 9:3251 — lessee's deposit; retention; itemized statement (official, Louisiana Legislature)
- La. R.S. 9:3252 — failure of lessor to comply; recovery; venue (official, Louisiana Legislature)
- La. R.S. 9:3253 — costs and attorney's fees (Justia mirror)
- La. R.S. 13:5202 — small claims division jurisdiction (official, Louisiana Legislature)
- Louisiana Legal Services & Pro Bono Desk Manual — Lessee's Deposit Act (Loyola; plain-language practitioner guide)