Louisiana Statewide Rule
Louisiana Security Deposit Law: No Cap, One-Month Return
Key Facts
- Deposit cap
- None (no statutory cap; set by the lease)
- Return deadline
- One month after the lease terminates (forwarding address required)
- Itemized statement
- Required within one month if any amount is retained
- Statute
- La. R.S. 9:3251-9:3253
- Penalty
- $300 or twice the amount wrongfully retained, whichever is greater, plus costs and attorney's fees
Summary
Louisiana sets no statutory cap on a residential security deposit. Under La. R.S. 9:3251, the landlord must return the deposit, with an itemized statement of any amounts kept, within one month after the lease ends, provided the tenant gave a forwarding address. Willful failure exposes the landlord to a penalty plus costs and attorney's fees.
A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate. However, the landlord or lessor may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion of an advance or deposit is retained by a landlord or lessor, he shall forward to the tenant or lessee, within one month after the date the tenancy terminates or within fifteen days after the date that is one month after the tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor. The tenant shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent.
Full Breakdown
Under La. R.S. 9:3251, a security deposit must be "returned to the tenant ... within one month after the lease shall terminate," minus any portion the lessor reasonably needs "to remedy a default of the tenant or to remedy unreasonable wear to the premises." If any amount is retained, the lessor must "forward to the tenant ... within one month after the date the tenancy terminates, an itemized statement accounting for the proceeds which are retained." The tenant must furnish a forwarding address at lease termination for those statements. The statute imposes no dollar cap on how large the deposit may be, so the amount is set by the lease. The duty does not apply if the tenant abandons the premises without proper notice or before the lease ends.
Violations & Penalties
La. R.S. 9:3252 makes willful failure to comply with 9:3251 grounds to recover $300 or twice the amount of the deposit wrongfully retained, whichever is greater. Failure to remit within thirty days after written demand constitutes willful failure. Under La. R.S. 9:3253 the court may award costs and attorney's fees to the prevailing party.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Louisiana?
How long does a landlord have to return a security deposit in Louisiana?
What can a landlord deduct from a security deposit in Louisiana?
Sources
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