Getting Your Full Security Deposit Back in Louisiana

Moving out of a Louisiana rental? Securing the return of your full security deposit can make a big difference as you transition to your next home. Louisiana law protects renters, but you'll want to be proactive and well-informed to get your deposit back in full. This guide explains the state-specific steps, forms, and legal safeguards every tenant should know.

Understanding Louisiana Security Deposit Laws

In Louisiana, landlords are allowed to collect a security deposit to cover damages beyond normal wear and tear or unpaid rent. Your rights and responsibilities are governed by the Louisiana Civil Code, Title IX, Chapter 2 – Deposit and Sequestration^[1].

Deposit Return Deadlines

• Your landlord must return your deposit (or provide a written explanation of deductions) within one month from the date you vacate and return the keys.
• If your landlord withholds part or all of your deposit, they must send you an itemized list of deductions and receipts or estimates.

It's essential to provide a forwarding address in writing, as this is where the deposit or explanation will be sent.

Steps to Get Your Full Security Deposit Back

• Give Proper Notice: Check your lease for move-out notice requirements. Typically, this is 30 days before your move.
• Document the Condition: Take timestamped photos or videos before moving out. Complete a walk-through inspection and keep copies for your records.
• Clean and Repair: Restore the rental to its original condition, accounting for only normal wear and tear. Remove all personal property and trash.
• Return Keys: All keys and access devices should be handed over on or before your move-out date.
• Provide a Forwarding Address: Supply your landlord with your new address in writing as soon as you move.

What Are "Normal Wear and Tear" and Damage?

"Normal wear and tear" refers to minor deterioration that happens from everyday use, such as carpet fading or small nail holes. Damages, like holes in walls or broken appliances (if caused by the renter), can be legally deducted from your deposit.

Official Forms and How to Use Them

• Security Deposit Demand Letter
  Form Purpose: If your landlord fails to return your deposit within 30 days, you can send a certified letter demanding its return. Louisiana does not have a standard numbered form, but you may use a simple written letter stating:
  • Your name and previous address
  • Date you moved out
  • Request for full deposit return and forwarding address
  • Keep a copy and proof of mailing (certified mail is recommended)
  Example: If you moved out on June 1 and haven't received your deposit by July 2, mail your letter on July 3. See a sample demand letter in the Louisiana Attorney General's Landlord-Tenant Guide (page 12).

If You Don't Get Your Deposit Back

If your landlord doesn't respond after your demand letter, you have the right to take legal action. Louisiana's small claims courts (City or Parish Courts) handle deposit disputes up to $5,000. You may sue for:

• The full deposit amount
• Damages (up to $200 or actual damages, whichever is greater), plus court costs and attorney fees if the withholding was in bad faith

For more information or to file a claim, visit your local Parish or City Court website and check the small claims process.

The Tribunal Handling Tenancy Disputes

In Louisiana, residential tenancy issues are mainly handled by City Courts or Parish Courts, not a dedicated tenancy tribunal. For more, see the Louisiana State Judiciary website.

Quick Steps Recap

• Follow your lease's move-out notice rules
• Document the rental's condition
• Return keys, clean, and provide a forwarding address
• Send a written demand if the deposit isn't returned in 30 days
• File in small claims court if needed

Frequently Asked Questions

1. How long does my landlord have to return my security deposit in Louisiana?
   Your landlord must return your deposit, or a written explanation of deductions, within 30 days of move-out and key return.
2. Can my landlord deduct money for normal wear and tear?
   No, landlords may not withhold funds for normal wear and tear, only for damages beyond that or unpaid rent.
3. What should I do if my landlord doesn’t return my deposit?
   First, send a written demand letter. If there’s still no response, you can file a claim in local small claims court.
4. Is there an official form for demanding my deposit back?
   Louisiana doesn’t have a standardized state form, but you can use a written letter (sample available from the Attorney General’s guide).
5. Where do I file a dispute about my deposit?
   You file security deposit disputes in Parish or City Courts. Visit the Louisiana State Judiciary’s courts page for contact info.

Key Takeaways for Louisiana Renters

• Know your legal rights under the Louisiana Civil Code
• Document everything before moving out and communicate in writing
• Act fast if your landlord misses the 30-day return deadline

Need Help? Resources for Renters

• Louisiana Attorney General – Landlord Tenant Guide
• Louisiana State Judiciary – Find Your Local Court
• U.S. HUD: Louisiana Tenant Rights
• Louisiana Legal Help – Free or low-cost legal services for tenants

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1. Louisiana Civil Code, Title IX, Chapter 2 – Deposit and Sequestration
2. Louisiana Attorney General: Landlord Tenant Guide
3. Louisiana State Judiciary – Find Your Local Parish or City Court

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