Being one of the most affordable states to own a home is only one of many perks for investing in the home of Mardi Gras, cajun cuisine and warm evenings. It does not hurt that landlord-tenant laws seem to be in favor of a landlord. There are many opportunities for student housing investing throughout the state plus it is ranked as the fifth lowest in total tax burden. Sounds like a win-win.
At a Glance:
Late Fees: There are no limitations of how much to charge quantified in the law, however it must be agreed upon in the lease or verbally.
Security Deposit: Security deposits have no stated ceiling on the amount collected.
Returned Payment Fee Limit: A fee of $25 is permitted.
Notice to Enter: Louisiana law is silent on how much time is needed prior to entering.
Late Fees & Returned Check Fees:
There is nothing stated in landlord tenant statutes that provide for how much is too much to charge when a Louisiana tenant is late. However, Louisiana consumer credit law in RS 9:3527(1) does limit creditors to a maximum late charge of 5% of the unpaid amount or $10, whichever is more. So where does that leave landlords? Well, with a word of advice merely to use caution in setting late fees, or face unsympathetic judges in court.
Returned payment fees are regulated by Title 6, Banks and Banking RS 6:121.7, which simply states that there is an allowable charge of $25 for a payment that is returned, refused or declined.
Security Deposits:
The State of Louisiana is quiet on restrictions on how much can be collected towards a security deposit. And the same is true for pet deposits. However, there is criteria that must be met for the return of the security deposit to the tenant at the end of the tenancy. That is, that the landlord must return either the full amount to the tenant within thirty days’ time. If there are deductions made, then the balance must accompany a written itemization. If there is no money left over or money owed above and beyond, then the statement must list all deductions and be sent also within thirty days after tenant leaves.
*Note: If the landlord fails to do this, there could be a penalty of $200.
Maintenance:
In summary, the Louisiana statute for repairs states that the landlord is responsible for all repairs in order to keep the rental unit in a fit condition unless there is an agreement for the tenant to provide any repairs or maintenance.
Right of Entry:
There is nothing specified in the law regarding when and how much notification a landlord must provide a tenant before entering the apartment. Common practice in the industry is 24 hours’ notice, preferably in writing.
Notice to End Lease:
For leases with a specific end date, there is no notice requirement. For those leases that are periodic or have no definite end date, notice would be as follows:
- Month to month leases would need a ten-day notice from either the landlord or the tenant to the other.
- Week to week leases would need a five-day notice from either the landlord or tenant to the other.
- Year to year lease would need a thirty-day notice.
Eviction:
No one wants to think about the possibility of an eviction, but unfortunately, they do happen. In Louisiana, a five-day notice is needed before the landlord may move forward to filing a complaint in court for the actual removal of the tenant. According to Chapter 2, Procedure Art. 4731, if there is a waiver written into a lease that provides that the tenant waives his right to advance notice of eviction, the landlord can simply go to court as soon as the tenant violates the lease under those circumstances.
Questions? Ask a Louisiana Lawyer!
Have questions about Louisiana’s landlord-tenant laws? We have you covered. Ask in the box below, to have your questions answered by living, flesh-and-blood attorneys!
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My landlord comes in my house with out saying anything. And when he does he sends a text saysome time mon-fri I’ll be there. I’m a stay at home disabled vet with service dogs so I get woken up to ppl in my house bc he just walks in. Is there a law about changing the locks so that if im not decent he can’t just come in. Also is there a Castle law here to help protect myself?
my landlord is charging me service charges. she has been doing that since the day i moved in. is that legal?
is there a way to evict a person without taking them to court? say the person has not had utilities to the property for 10 days and no one has been staying in the home… is it considered abandoned?
My landlord said she understood I would be
late this month but she has changed her
mind and is now threatening me with additional
late fees which are more than what’s in the
lease. Is this allowed??
I’m required to pay a security deposit yearly. So I get all of that back when I decide to move?
By their definition, security deposits are refundable. But only if you leave the property in the same condition. I’ve never heard of annual security deposit collection however.
On Right of Entry, the above reads “There is nothing specified in the law regarding when and how much notification a landlord must provide a tenant before entering the apartment.” Does this mean that I have no recourse if a landlord gives me no notice to do general upkeep and nonemergency repairs?
I recently got evicted and ask for a copy of my monthly late fees because I don’t feel that I owe the amount that was told to me. How long should I wait for my copy and I didn’t get any notice about my security deposit either? I feel I’m being taken advantage of? Any advice is greatly appreciated? Thanks in advance.
Hello, I am a landlord in New Orleans. Recently, I was delinquent in the return of a security deposit. When the tennant contacted me I did make a return of the deposit minus the expenses of having to make repairs and paint the walls. The tenant feels that due to my delinquency they are entitled to a full refund and do not need to bear the costs for the repairs from their tenancy. I disagree. It seems that we are headed to small claims court. I know that the law states that deposit should be returned within 30 days. The same statue also sates that the tenant must provide a forwarding address. This did not happen. Of course a physical address isn’t necessary in this day and age, but I am wondering if that gives me cover?
My tenant has apparently moved without notice (had the utilities turned off), hasn’t paid rent in a month, and I haven’t had any communication with him despite many attempts. At what point in time can I change the locks and move the leftover belongings?
Is it illegal to rent to illegal aliens in Louisiana?
Is a landlord responsible for an unpaid water bill after the Tennants move out without paying… In Louisiana
Is it true that a month to month lease only requires a 10 day notice? And is text message an acceptable form of notification?
Can I legally be removed from a lease in Louisiana if my girlfriend signed my name on it and the relationship has ended and I no longer live there?
I have a 3 bedroom house. I am the landlord and property manager. One of my tenants have not paid rent for August nor September! I cannot get ahold of her. I do not know where she is and I have continued to try to get ahold of her. What is the process of eviction if I cannot send an eviction notice to her? She is on a month to month lease since her lease is finished and she wanted to continue living here at the time
I am in a lease to own renter agreement. If my pay not made on or before the third am charged $25 a day for late fee even if I make payment without the late fee. Is this legal in the state of Louisiana
I recently found a camper at a RV park and told the landlady I woul d clean it from the other tenants that left owing rent and stealing property from it. I agreed to pay the rent that day and start the cleaning process. I spent three days cleaning and they had repairs to do also inside of it. After the second day of being there cleaning (and not having moved in it yet) I realized it was not going to be a good fit for me. I am a disabled vet, 57 years old, and have many medical problems including PTSD. I contacted the landlady and explained the dilemma I faced. There was no lease and no oral agreements of any kind but she told me they didnt give refunds. Is it legal for them to keep my money even though I never moved in? This was a sizeable part of my monthly income and because of unforeseen problems I was homeless and now cant find a place to stay because they wont return my money.
I am currently renting a storage unit and i pay $100.00 per month. I recently received a letter saying they are raising their Late fees. The first late fee is $15.00, next they have what they call a ten day letter fee which is $12.00, and at the end of the month there is a second Late fee of $5.00. They are now raising the first Late fee to $25.00, the Ten Day Letter Fee to $25.00 and the last late fee to $15.00 Is this Legal?
I tried to pay my rent online, just like I’ve always done since my work hours wont permit me to pay by money order when the office is open. The option wasn’t available online but it can manually be added to the system through the leasing office. I called 5 times but no answer on yesterday 1/3/23. Today a late fee was added and I was told that they had technical issues with the phones. Why can’t they waive the late fee?