Louisiana landlord-tenant law is built on the Louisiana Civil Code rather than a standalone residential landlord-tenant act, which sets it apart from every other state. Rent, repairs, security deposits, notice periods, and evictions are all governed by specific Civil Code articles and Revised Statutes, with federal fair housing and servicemember protections layered on top. The rules below are what landlords and tenants in the state actually have to follow.
How the Civil Code Shapes the Rental Relationship
Louisiana Civil Code Article 2668 defines a lease as a contract where the landlord provides use and enjoyment of a property for a term in exchange for rent, with agreement on the property and the rent being the essential elements.1Louisiana State Legislature. Louisiana Civil Code Art. 2668 – Contract of Lease Defined Everything else — the duty to repair, the tenant’s obligation not to misuse the property, the rules for ending the lease — flows from this contract structure.
The practical effect is that Louisiana courts resolve lease disputes using contract law principles. When the Civil Code and the lease itself are silent on an issue, courts fill the gap with general principles like good faith and equity, not with a separate statutory habitability code.
What the Landlord Must Do
The Civil Code imposes three core duties on landlords: deliver the property in suitable condition, keep it repaired throughout the lease, and guarantee it is fit for its intended use.
Article 2691 requires landlords to make all repairs necessary to keep the property suitable for its leased purpose for the entire term, with the only exception being damage the tenant is responsible for.2Louisiana State Legislature. Louisiana Civil Code Art. 2691 – Lessor’s Obligation to Repair This is a continuing duty. Plumbing that fails six months into the lease is still the landlord’s problem.
Article 2696 adds a warranty that the property is fit for the purpose it was leased for and free of defects that would prevent that use. The warranty extends to defects that appear after move-in, as long as the tenant did not cause them.3LSU Law: Louisiana Civil Code. Louisiana Civil Code Art. 2696 – Warranty of Fitness A pre-existing mold problem that makes the unit unlivable falls on the landlord even if neither party knew about it at signing.
When repairs cannot wait until the lease ends, Article 2693 allows the landlord to enter and complete them even if the work inconveniences the tenant. If the repairs make the property partly or wholly unusable, the tenant may be entitled to a rent reduction or dissolution of the lease depending on severity.
What the Tenant Must Do
Paying rent on time is the most basic duty. Louisiana treats the rent amount and due date as essential lease terms, and non-payment is one of the cleanest grounds for eviction.
Article 2692 makes the tenant responsible for repairing damage caused by the tenant’s own fault or by anyone the tenant lets on the premises, along with any deterioration beyond normal wear and tear from the agreed use.4Louisiana State Legislature. Louisiana Civil Code Art. 2692 – Lessee’s Obligation to Make Repairs
Article 2686 covers misuse. If a tenant uses the property for a purpose the lease doesn’t allow, or in a way that may cause damage, the landlord can obtain a court order stopping the behavior, dissolve the lease, and recover damages.5LSU Law: Louisiana Civil Code. Louisiana Civil Code Art. 2686 – Lessee’s Use of the Thing Running a commercial operation out of a residential rental is a textbook example.
Tenants should also report maintenance issues promptly. A landlord cannot fix something they don’t know about, and problems that worsen through non-reporting can shift responsibility onto the tenant.
Lease Formation and Ending a Lease
A Louisiana lease can be oral or written. Under Article 2668, agreement on the property and the rent is all that is strictly required for validity.1Louisiana State Legislature. Louisiana Civil Code Art. 2668 – Contract of Lease Defined A written lease is far easier to enforce, and ambiguities in oral leases tend to be resolved against the landlord. In practice, a good written lease covers the rent amount, due date, payment method, term, pet policy, maintenance responsibilities, and rules on alterations or subletting.
Leases are either fixed-term or month-to-month. A fixed-term lease ends automatically when its term expires; neither side has to give notice. If the tenant stays past the end date with the landlord’s consent — even tacit consent, like continuing to accept rent — the lease reconducts into a month-to-month arrangement on the same terms.
For a month-to-month lease, either party must give notice at least ten calendar days before the end of the month to terminate.6FindLaw. Louisiana Civil Code Art. 2728 – Notice of Termination That is shorter than most states. A tenant who wants to leave at the end of March needs written notice delivered no later than March 21.
Late Fees
Louisiana has no statute capping late fees on residential leases. Late fee provisions are governed by the lease itself, and courts require them to be reasonable. An outsized penalty for a one-day-late payment can be challenged as an unenforceable penalty clause under general contract principles. If the lease says nothing about late fees, the landlord generally cannot impose one.
Security Deposits
Louisiana’s security deposit rules sit in Revised Statutes 9:3251 through 9:3254, and the deadlines matter.
After a lease ends, the landlord has one month to return the deposit. The landlord may keep all or part of it only if reasonably necessary to cover unpaid rent or damage beyond normal wear and tear, and any withholding must be documented in an itemized statement sent to the tenant’s forwarding address within that same one-month window.7Louisiana State Legislature. Louisiana Revised Statutes RS 9:3251 – Lessee’s Deposit to Secure Lease Give the landlord a written forwarding address at move-out. The statutory statement obligation depends on having one.
A landlord who willfully fails to return the deposit or send the itemized statement owes the tenant the wrongfully retained amount plus a penalty of $300 or twice the amount wrongfully withheld, whichever is greater.8Louisiana State Legislature. Louisiana Revised Statutes RS 9:3252 – Failure of Lessor to Comply Failure to respond within 30 days of a tenant’s written demand for a refund counts as willful failure. Sending a formal written demand is what starts the clock on the penalty.
Landlord Access to the Unit
Louisiana is one of the few states with no statute specifying how much advance notice a landlord must give before entering a rental. Article 2693 lets landlords enter to make urgent repairs, but it doesn’t set a notice period for routine access like inspections or showings.
Courts apply a reasonableness standard. Entering without any advance notice in a non-emergency situation can violate the tenant’s right to peaceful use and enjoyment of the property. Twenty-four hours’ notice is the commonly accepted practice, though it isn’t in statute. In a genuine emergency like a burst pipe or fire, the landlord can enter immediately. Tenants who want firmer rules should negotiate specific notice requirements into the written lease, where they become enforceable terms.
Eviction: What the Process Actually Looks Like
Louisiana requires landlords to go through the courts. Changing locks, removing a tenant’s belongings, or shutting off utilities to force someone out are all illegal self-help evictions.
The Notice to Vacate
Eviction starts with a written notice to vacate giving the tenant at least five days to leave. The notice must be delivered to the tenant directly.9Justia. Louisiana Code of Civil Procedure CCP 4701 – Termination of Lease; Notice to Vacate; Waiver of Notice A tenant can waive the notice requirement in the written lease, and many standard Louisiana leases include that waiver. Where a waiver is in place, the landlord can move straight to filing once the tenant’s right to occupy has ended.
For properties with federally backed mortgages (Fannie Mae, Freddie Mac, or FHA-insured loans), the CARES Act imposes a permanent 30-day notice to vacate that overrides the state five-day minimum.
The Rule to Show Cause
If the tenant doesn’t leave, the landlord files a “rule to show cause” asking the court to order surrender of possession. The filing must state the grounds.10Louisiana State Legislature. Louisiana Code of Civil Procedure Art. 4731 – Rule to Show Cause The tenant is summoned to court and can present a defense. If the landlord wins, the court orders the tenant to vacate, and the sheriff enforces the order if the tenant still refuses.
Grounds and Defenses
Common grounds are non-payment of rent, lease violations, illegal activity on the premises, and expiration of the lease term. The landlord bears the burden of proving the stated ground. A landlord cannot evict in retaliation for a tenant’s exercise of legal rights, such as reporting unsafe conditions or requesting required repairs, and a tenant can raise retaliation as a defense at the show-cause hearing.
Federal Fair Housing Rules Apply Here Too
The federal Fair Housing Act covers virtually all housing in Louisiana and prohibits discrimination based on race, color, religion, sex, national origin, familial status, or disability.11Department of Justice: Civil Rights Division. The Fair Housing Act Discrimination doesn’t have to be overt. Giving false availability information, steering families with children to certain buildings, imposing different lease terms based on national origin, or refusing reasonable accommodations for disability all violate the Act.
Familial status protections mean landlords cannot refuse to rent to families with children under 18, restrict where those families can live within a complex, or use occupancy limits to exclude them. Disability protections require landlords to allow reasonable modifications at the tenant’s expense and to make reasonable accommodations in rules and policies.
Assistance Animals
Under the Fair Housing Act, a tenant with a disability can request an assistance animal as a reasonable accommodation, even in a no-pet property. Assistance animals are not pets under federal law; the category includes both trained service animals and animals that provide emotional support for a documented disability. Landlords must waive pet deposits, fees, and breed or weight restrictions for qualifying assistance animals.12U.S. Department of Housing and Urban Development. Assistance Animals A request can be denied only if the animal poses a direct threat to safety, would cause significant property damage that no other accommodation can address, or would impose an undue financial or administrative burden.
Protections for Domestic Abuse Victims
In Louisiana residential buildings with six or more units, RS 9:3261.1 forbids landlords from refusing to rent to someone solely because they are a domestic abuse victim, penalizing a tenant for calling law enforcement about domestic abuse, or evicting a victim based on incidents of domestic abuse committed on the premises.13Louisiana State Legislature. Louisiana Revised Statutes RS 9:3261.1 – Lease Agreements for Certain Residential Dwellings; Domestic Abuse Victims Any lease clause that limits a tenant’s right to call police or emergency services in response to domestic abuse is void. To invoke these protections, the victim must provide reasonable documentation, either a completed Certification of Domestic Abuse form signed by a qualified third party or a Uniform Abuse Prevention Order.
Lead-Based Paint Disclosure for Pre-1978 Housing
Federal law requires landlords of any housing built before 1978 to disclose lead-based paint information before the tenant signs. The landlord must provide an EPA-approved lead hazard pamphlet, disclose any known lead-based paint or hazards in the unit, and share any available inspection reports.14Office of the Law Revision Counsel. 42 U.S. Code 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
The lease must include the Lead Warning Statement, the landlord’s disclosure of known hazards, a list of any records provided, and the tenant’s signed acknowledgment. The landlord must keep a copy of the signed disclosures for at least three years from the start of the lease.15eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint Hazards Upon Sale or Lease of Residential Property Housing for elderly residents or people with disabilities is exempt, unless a child under six lives or is expected to live there. Studio units are also exempt.
Early Termination for Servicemembers
The federal Servicemembers Civil Relief Act lets active-duty personnel end a residential lease early when they receive orders for a permanent change of station, a deployment of 90 days or more, separation, retirement, or an order to move into government housing.16Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases The right extends to Reserve and National Guard members called to active duty.
The servicemember must deliver written notice along with a copy of the orders or a commanding officer’s letter confirming them. The lease terminates 30 days after the next rent payment is due following delivery of the notice. No early termination fee or penalty is allowed, and the protection covers dependents listed on the lease. If the servicemember dies during military service, a spouse or dependent has one year from the date of death to terminate under the same protections.
Where Disputes Get Resolved
Many landlord-tenant disputes, especially security deposit fights and minor lease violations, can be handled in Louisiana’s justice of the peace or city courts, which take smaller civil claims with less formal procedures and lower filing costs than district court.
Some leases include mediation or arbitration clauses; if one is in place and the landlord skips it before filing an eviction, the tenant can argue the suit is premature. Tenants who believe their rights have been violated — through unlawful withholding of a deposit, failure to maintain the property, or discriminatory treatment — can sue for breach of contract, statutory damages, or both. Fair housing complaints can go to the U.S. Department of Housing and Urban Development or to federal or state court.