Louisiana Tenant-Landlord Rental Laws & Rights for 2024

Overview of Tenant-Landlord Laws in Louisiana

Navigating tenant-landlord laws in Louisiana can be complex, but understanding these regulations is essential for maintaining a fair and balanced rental relationship. These laws are designed to protect the rights and responsibilities of both tenants and landlords, ensuring that rental agreements are upheld and disputes are minimized.

This comprehensive guide covers critical topics such as tenant and landlord rights and responsibilities, security deposits, rental agreements, rent payments and late fees, landlord entry and privacy, repairs and maintenance responsibilities, termination notices and lease endings, the eviction process, tenant screening and background checks, service and assistance animals, health and safety hazards, and squatters' rights.

By familiarizing yourself with these regulations, both tenants and landlords can navigate the rental process more effectively and address any potential issues with confidence. Understanding your rights and responsibilities is the first step towards a harmonious rental experience.

Louisiana Tenant Rights and Responsibilities

Tenants in Louisiana have certain basic rights and responsibilities under state law. All tenants have the right to a habitable rental unit that meets minimum standards of safety, sanitation, and living conditions. This includes adequate weatherproofing, hot and cold running water, electricity, smoke detectors, and proper sewage disposal. Landlords must maintain these standards throughout the tenancy.  

Louisiana tenants also have the right to be free from discrimination in housing based on race, color, national origin, religion, disability, familial status, or sex. The Louisiana Equal Housing Opportunity Act prohibits housing discrimination and gives tenants legal recourse if their rights are violated.

Key tenant responsibilities include paying rent on time as specified in the lease agreement, keeping the rental unit clean and undamaged beyond normal wear and tear, properly disposing of trash and garbage, and abiding by all terms of the lease. Tenants must also refrain from disturbing other tenants' peaceful enjoyment of their homes.

Tenants cannot unreasonably deny landlord entry when proper notice is given, except in case of emergency. They also cannot deliberately or negligently destroy or deface any part of the rental unit or premises.

Louisiana Landlords' Responsibilities and Rights

Louisiana landlords have several key legal responsibilities they must follow. One of the most important is maintaining rental units in a habitable condition that meets basic standards of safety and livability. This includes ensuring proper weatherproofing, structurally sound premises, hot and cold running water, heating and cooling systems, electrical wiring and outlets in good repair, adequate sewage disposal, and more.

Landlords must make any necessary repairs in a timely manner after receiving notice from the tenant about an issue or defect that makes the unit uninhabitable. If the landlord fails to make required repairs, tenants have the right to make repairs themselves and deduct the cost from future rent payments.  

Another responsibility is providing the tenant with the landlord or property manager's name, physical address, and contact information in case issues arise. This information should be posted prominently or given directly to the tenant.

Louisiana landlords must follow all proper legal procedures and notice requirements when it comes to rent increases, entering the rental unit, lease terminations, and evictions. Proper advance written notice must be given for any rent increases or termination of a month-to-month tenancy. Landlords can only enter the rental unit at reasonable times and after providing at least 24 hours notice, except in case of an emergency.

Landlords cannot discriminate against tenants or applicants based on race, color, national origin, religion, sex, familial status, or disability when it comes to housing. They also have the right to collect rent on time, deduct amounts from the security deposit for damages beyond normal wear and tear, and terminate leases when proper notice and procedures are followed.

Rental Agreements in Louisiana

In Louisiana, rental agreements can be either fixed-term leases or month-to-month tenancies. A fixed-term lease is for a set rental period, such as 6 months or 1 year. At the end of the fixed term, the lease automatically terminates unless it is renewed. 

A month-to-month tenancy continues indefinitely until either the landlord or tenant gives proper notice to end it. No set end date is specified.

Both oral and written rental agreements are legally binding contracts in Louisiana. However, it's strongly recommended to have a written lease agreement to avoid disputes over the terms. At minimum, a valid lease should include:

• Names of all tenants over 18
• Address of the rental property  
• Monthly rent amount and due date
• Term of the lease (start/end dates or month-to-month)
• Amount of security deposit 
• Signatures of landlord and tenants

Louisiana law prohibits rental agreements from containing provisions that waive the tenant's legal rights, such as the warranty of habitability. Any such waivers are considered unenforceable. The lease terms cannot violate Louisiana landlord-tenant laws or discriminate against the tenant.

Security Deposits in Louisiana

According to Louisiana security deposit law, there are limits on how much a landlord can charge for a security deposit. For an unfurnished rental unit, the maximum security deposit allowed is equal to one month's rent. For a furnished rental unit, landlords can charge up to 1.5 month's rent for the security deposit.  

When a tenant moves out, the landlord must return the security deposit within 30 days. The landlord is required to provide the tenant with an itemized list of any damages or charges that were deducted from the deposit amount. Common deductions include costs for cleaning, repairs beyond normal wear and tear, unpaid rent or utility bills, and replacing missing items like keys or remotes.

If no deductions are taken, the landlord must return the full security deposit within that 30 day window after the tenant has vacated the property and provided a forwarding address. Failure to return the deposit in a timely manner can result in the landlord being liable for penalties.

Landlords must keep security deposit money in a separate escrow account and cannot co-mingle it with other funds. The interest that accrues on the deposits also belongs to the tenants. Overall, Louisiana has specific laws in place to protect tenants and ensure the proper handling and return of security deposits.

Rent Payments and Late Fees

In Louisiana, tenants are legally required to pay rent on time as specified in the rental agreement or lease. Most leases will have a set due date, such as the 1st of the month. However, Louisiana law provides a grace period of 5 calendar days before landlords can charge late fees. So if rent is due on the 1st, late fees cannot be charged until after the 5th of the month.

Regarding late fees, landlords in Louisiana can charge reasonable late fees as long as the amount is spelled out in the lease agreement. A common practice is to charge 5-10% of the monthly rent amount for late payments. However, landlords cannot charge compounding late fees or other penalties beyond the flat late fee rate specified in the lease.

For rent increases, Louisiana rent control law requires landlords to provide advance written notice to tenants. For month-to-month rental agreements, a landlord must give at least 10 days notice before increasing the rent. For fixed-term leases longer than a month, landlords must give 30 days notice before the end of the term for any rent increase to take effect in the next term.

Additionally, if the rent increase for a lease term renewal is 10% or more over the previous term's rent, Louisiana landlords must provide at least 60 days advance notice to tenants. This gives tenants more time to decide whether to accept the new rental rate or make plans to move out.

Landlord Entry and Privacy

Landlords in Louisiana must provide reasonable advance notice to tenants before entering a rental unit. Proper notice is generally considered to be at least 24 hours, though the specifics may depend on the situation and the urgency of the entry. The notice should state the intended date, time frame, and purpose for entering the premises. 

There are certain circumstances that allow landlords to enter without providing prior notice:

• Emergency situations like fires, burst pipes, etc. where immediate entry is needed to prevent injury or property damage.
• If a tenant has been legally evicted or has moved out, the landlord can enter without notice.
• When a tenant is present and consents to entry at that time.
• For recurring entries agreed upon in the lease, like allowing entry for regular maintenance/services.

Even in allowed circumstances, landlords should make reasonable efforts to provide notice if possible. Abuse of the right to enter, excessive disturbance, or entries for harassment purposes would violate a tenant's right to privacy. Tenants cannot unreasonably deny lawful entry after proper notice is given. Landlords who violate these rules may be liable for damages to the tenant.

Repairs and Maintenance Responsibilities

In Louisiana, landlords are required to maintain rental units in a habitable condition and make necessary repairs in a timely manner. This includes ensuring proper operation of heating, plumbing, electrical systems, and other essential services. Tenants have a responsibility to notify landlords promptly of any repair issues or maintenance needs.

If a landlord fails to make necessary repairs after being properly notified, Louisiana law allows tenants to repair and deduct the cost from the rent. However, tenants must follow specific steps:

1. Provide written notice to the landlord specifying the repairs needed.

2. Allow the landlord reasonable time (typically 2 weeks) to make the repairs themselves.

3. Hire licensed and insured contractors to complete the work.

4. The repair costs deducted cannot exceed one month's rent.

5. Provide receipts and invoices to the landlord for the work done.

It's important for tenants to document all communication and follow the legal process carefully if utilizing the repair and deduct remedy.

Landlords cannot retaliate against tenants for requesting repairs or exercising their rights. Examples of retaliation include raising the rent, decreasing services, or attempting to evict without cause. Tenants facing retaliation may have grounds for a civil lawsuit.

Termination Notices and Lease Endings

In Louisiana, the amount of notice required to terminate a month-to-month tenancy depends on who is ending the lease. If the landlord wants to terminate and end the tenancy, they must provide at least 30 days' written notice to the tenant. However, if the tenant wishes to terminate a month-to-month lease, they only need to give 10 days' notice to the landlord.

For fixed-term leases in Louisiana with a set end date, no notice is legally required by either party to terminate the tenancy at the end date. The lease simply expires at the end of the fixed term. However, it's good practice for both landlords and tenants to give notice of their intent not to renew at least 30 days before the lease ends.

If a tenant remains in the unit once the fixed-term lease expires, in most cases the lease will automatically convert to a month-to-month periodic tenancy. At this point, the usual termination notice periods would apply if either party wishes to end the tenancy. Landlords cannot forcibly remove a tenant or their belongings when a fixed-term lease ends without going through the court eviction process.

Tenants cannot unilaterally terminate a fixed-term lease early without proper justification and risking penalties. Acceptable reasons may include serious property issues, harassment, military service requirements or job transfers. Early termination clauses in the original lease, if included, would outline procedures and fees.

Eviction Process in Louisiana

The eviction process in Louisiana must follow specific legal procedures to be valid. Landlords cannot forcibly remove tenants or their belongings without a court order.

To evict a tenant lawfully, the landlord must first issue proper written notice stating the reason for termination, such as non-payment of rent or violation of lease terms. The notice period required depends on the situation:

• 5 days for non-payment of rent
• 10 days for lease violations (30 days if no lease term violation was given)
• 30 days for month-to-month tenants without cause

If the tenant does not vacate by the notice deadline, the landlord must file an eviction lawsuit with the court. The tenant will receive a court summons and have an opportunity to respond and attend an eviction hearing. 

At the hearing, both parties can present evidence and make their case before a judge. If the judge rules in favor of the landlord, they will issue a court order allowing the eviction to proceed. An officer from the local sheriff or constable's office will then serve a final notice giving the tenant 24-72 hours to vacate.

If the tenant still does not leave, the officer can legally remove them and their belongings from the rental unit. Landlords cannot take the law into their own hands or use self-help evictions like changing the locks or shutting off utilities.

An illegal eviction gives the tenant grounds to sue the landlord for damages. Tenants being evicted should continue paying rent during the process.

Squatters' Rights in Louisiana

In Louisiana, squatters can gain legal rights to a property through a process called adverse possession. To claim adverse possession, squatters must occupy the property openly, continuously, and without permission for a period of 30 years. During this time, the squatter must treat the property as their own, paying property taxes and maintaining it. If successful, the squatter can file a claim in court to gain legal ownership of the property.

This process requires strict adherence to legal requirements, and property owners should be proactive in protecting their rights by regularly inspecting their properties and addressing any unauthorized occupants promptly.

Tenant Screening and Background Checks

In Louisiana, landlords are generally allowed to conduct background and credit checks on prospective tenants as part of the application screening process. However, there are important laws that prohibit discrimination and regulate how this information can be used.

Landlords must obtain written consent from applicants before running any background checks. Common components include credit reports, eviction histories, criminal records, and employment/income verification. However, landlords cannot consider arrest records or expunged/pardoned convictions.

The federal Fair Credit Reporting Act (FCRA) gives tenants the right to dispute any inaccurate information in their background check. Landlords must provide written notice if they reject an applicant based on the report and give the applicant a chance to respond.

Perhaps most importantly, the federal Fair Housing Act prohibits landlords from discriminating against applicants based on race, color, national origin, religion, sex, familial status, or disability. Background checks cannot be used as a pretext for illegal discrimination.

Louisiana's Equal Housing Opportunity Act mirrors the federal Fair Housing Act and makes it illegal for landlords to discriminate in the rental process based on the above protected classes. This applies to all advertising, screening procedures, lease provisions, and other housing services.

So while tenant screening is permitted, landlords must follow proper procedures, provide adverse action notices if denying an applicant, and avoid any discriminatory practices based on an applicant's background check information.

Service/Assistance Animals in Louisiana Rentals

In Louisiana, tenants have the right to keep service animals and emotional support animals in their rental units. Service animals are dogs or miniature horses that are specifically trained to perform tasks for individuals with disabilities. Emotional support animals provide therapeutic companionship and comfort for individuals with mental or emotional disabilities. 

Landlords cannot refuse to rent to tenants with legitimate service or emotional support animals. They also cannot charge extra fees or deposits for these animals. However, tenants are responsible for ensuring their service/support animal does not disturb other residents or cause damage to the property beyond normal wear and tear.

Landlords can require tenants to provide documentation from a qualified medical professional verifying their need for an emotional support animal. For service animals, landlords may ask what tasks the animal is trained to perform, but cannot inquire about the tenant's disability itself.  

If a service or emotional support animal does cause significant damage, the tenant may be charged for repairs from their security deposit like any other tenant. But the mere presence of the animal cannot be grounds for withholding the security deposit return or eviction.

Tenants with disabilities utilizing service or emotional support animals are protected from discrimination and harassment under Louisiana's fair housing laws and the federal Fair Housing Act. Landlords who deny reasonable accommodation requests or treat disabled tenants differently may face penalties and legal action.

Health and Safety Hazards

Tenants and landlords in Louisiana both have responsibilities when it comes to health and safety hazards like mold, bed bugs, lack of heat or water, and other issues that affect the habitability of a rental unit.

For mold problems, Louisiana landlords must remediate mold growth in a rental property and address any moisture sources causing the mold. They cannot simply paint over mold. Tenants are responsible for promptly notifying landlords of any mold issues and properly ventilating bathrooms and kitchens to prevent excess moisture buildup.

Bed bug infestations are considered a serious condition that makes a rental uninhabitable under Louisiana law. If bed bugs are present, landlords must hire a professional exterminator to treat the entire affected rental unit or units. Tenants must cooperate with bed bug treatment instructions and cannot interfere with the extermination process.

For other habitability issues like lack of running water, inadequate heat, or other essential services, Louisiana landlords must make all reasonable efforts to restore these services promptly after being notified by tenants. Tenants may be entitled to remedies like a rent reduction or repair and deduct if the landlord does not act.

Overall, landlords are responsible for maintaining fit and habitable rental premises, while tenants must promptly report issues and avoid actions that cause damage or unsanitary conditions. Serious hazards can enable tenants to exercise rights like terminating the lease or paying reduced rent.

Frequently Asked Questions

How much notice does a landlord have to give a tenant to move out in Louisiana?

In Louisiana, a landlord must give a tenant at least 5 days' notice to vacate for non-payment of rent or lease violations.

How long before a guest becomes a tenant in Louisiana?

In Louisiana, a guest may be considered a tenant if they stay for 30 days or more and exhibit characteristics of tenancy, such as paying rent or receiving mail.

Can a tenant withhold rent in Louisiana for repairs?

No, tenants in Louisiana are not allowed to withhold rent for repairs, but they can seek legal remedies if the landlord fails to maintain the property.

What is the new eviction law in Louisiana?

The new eviction law in Louisiana requires landlords to provide a 5-day notice to pay rent or move out before filing for eviction, and it also allows tenants to request a hearing.

How to legally break a lease in Louisiana?

A tenant can legally break a lease in Louisiana if the landlord fails to maintain the property, the tenant is a victim of domestic violence, or if there are other legally justified reasons.

What is considered wrongful eviction in Louisiana?

Wrongful eviction in Louisiana occurs when a landlord evicts a tenant without following proper legal procedures, such as failing to provide the required notice or eviction without a court order.

Can a landlord enter without permission in Louisiana?

No, a landlord in Louisiana must provide reasonable notice, typically 24 hours, before entering a tenant's unit, except in emergencies.