Hello landlords! If you're renting out a unit in Louisiana, it's essential to understand the state's security deposit laws. Security deposits are a crucial part of the rental process, but they can be a source of confusion and frustration for a landlord and their tenants if they don’t know what laws to follow throughout a tenancy.
In this article, we'll go over everything a landlord needs to know about Louisiana's security deposit laws. We'll cover how much Louisiana landlords can charge for security deposits, when deposits need to be returned, and when security deposits can be withheld.
By the end of this article, you'll have a clear understanding of your rights and obligations as a landlord when it comes to security deposits in Louisiana. So, let's get started!
Louisiana Security Deposit Law: A Guide
Louisiana Security Deposit Limit
In Louisiana, there is no legal limit to the amount a landlord can charge for a security deposit. However, a landlord should still consider what a reasonable security deposit is. Generally, a security deposit equivalent to one or two months of rent is reasonable.
The landlord must return the deposit within one month after the tenant moves out.
Louisiana landlord-tenant law allows the landlord to deduct from the security deposit for unpaid rent, damage to the unit, or failure to comply with the lease agreement.
It is essential to note that deposits cannot be used to cover
normal wear and tear. If the landlord plans to keep any portion of the deposit, they must provide the tenant with a written itemized list of the deductions within the one-month timeframe.
Non-Refundable Fees
A non-refundable fee is a common practice in Louisiana and is typically charged in addition to a security deposit. This fee is intended to cover specific expenses, such as cleaning fees, pet deposits, or application fees.
Louisiana landlords are required to disclose any non-refundable fees in the lease agreement, and they cannot be used to cover damages caused by the tenant.
Storing a Tenant's Deposit in Louisiana
When a tenant pays a security deposit to a landlord in Louisiana, the landlord is responsible for storing the deposit appropriately. Louisiana law does not require a landlord to keep security deposits in a separate account, nor does it specify a particular type of account in which landlords must store these funds.
Landlords are required to keep detailed records of the security deposit, including the amount, date of receipt, and description of the rental unit.
Written Notice after Security Deposit Receipt
According to
Louisiana law, landlords are required to provide tenants with notice within 30 days of receiving their security deposit. This notice should detail the amount of the deposit and the conditions under which it may be withheld. Landlords should also provide tenants with a written lease agreement that includes a statement about the security deposit.
The notice is an important document for both landlords and tenants. It ensures that tenants are aware of the amount of their security deposit and the circumstances under which it may be withheld.
This notice also serves as a record of the deposit and can help avoid disputes between landlords and tenants if there is a disagreement over the return of the deposit at the end of the tenancy.
The proper notice should include the following information:
- The amount of the security deposit.
- The date the deposit was received.
- The address of the dwelling premises.
- A description of the rental unit.
- The conditions under which the deposit may be withheld, including any deductions that may be made from the deposit.
- A statement that the tenant has the right to request a walk-through inspection of the rental before moving out.
Reasons to Withhold a Security Deposit in Louisiana
In Louisiana, a landlord can withhold a security deposit for several reasons, which may include:
- Unpaid rent
- Damage to the unit
- Unclean house
- Unreturned keys
- Breaking the lease
- Unpaid utilities
Walk-Through Inspections
A walk-through inspection is an inspection of a rental that is conducted by the landlord and the tenant, typically before the tenant moves in and after they moves out. The purpose of the inspection is to assess the condition of the premises and to identify any damages or issues that may exist.
If any damages are identified during the walk-through inspection, the landlord and tenant will typically discuss who is responsible for repairing the damages and how the repairs will be addressed. This may involve deducting the cost of repairs from the tenant's security deposit or arranging for repairs to be made before they moves in.
Security Deposit Refund in Louisiana
In Louisiana, a landlord is required to return a tenant's deposit
within one month of the termination of the lease or the tenant moving out, whichever occurs last. If the landlord intends to withhold any portion of the security deposit, they must provide the tenant with a written itemized list of any deductions within the same time frame.
Change in Ownership
In Louisiana, when there is a change in ownership, the new owner is responsible for the tenant's deposit that was paid to the previous owner. The previous owner is required to transfer the security deposit to the new owner within 10 days of the transfer of ownership.
The new owner must also provide written notice to the tenant of the change in ownership and provide the tenant with the new owner's name and address within 10 days of the transfer of ownership.
The new owner must also comply with all other requirements of the Louisiana security deposit law, including providing the tenant with an itemized list of any deductions made from the security deposit within one month of the termination of the lease or rental agreements.
Conclusion
Understanding the security deposit laws in Louisiana is important for both landlords and tenants. Louisiana law requires landlords to handle security deposits in a specific way, including providing notice of the deposit and the terms for its use, and returning the deposit within a specified timeframe.
By understanding these laws and following them carefully, both Louisiana landlords and tenants can avoid disputes and ensure a fair and smooth rental experience.
If you have specific questions, reach out to the team at
Sage Property Management! We’re well-versed in Louisiana landlord-tenant law and are happy to help a landlord like you.
Disclaimer:
This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your management needs.
