How to Document Pre-Existing Rental Damage in Louisiana

Moving into a new rental in Louisiana can be exciting, but protecting your security deposit starts before you unpack. Documenting pre-existing damage ensures you are not unfairly charged for issues that existed prior to your tenancy. Here's what Louisiana renters need to know about inspections, official forms, and their rights when moving in.

Understanding Inspections and Disclosures When Moving In

In Louisiana, landlords are not required by law to conduct a formal move-in inspection. However, keeping a clear and thorough record of the rental unit's condition at move-in is essential. This documentation can help protect your rights if disputes arise when you move out.

Why Documentation Matters

• Protects Your Security Deposit: A complete record makes it harder for deductions from your deposit for damages you did not cause.
• Provides Proof in Disputes: Photos, videos, and written notes can resolve conflicts about existing issues.
• Fulfills Disclosure Obligations: Under Louisiana law, certain issues must be disclosed by landlords, like lead-based paint for older properties.

Step-by-Step: Documenting Pre-Existing Damage

Careful and prompt inspection is your best defense. Here’s how to document existing damage effectively when you move into your new Louisiana rental:

• Walk through the entire unit room by room.
• Take date-stamped photos or videos of any scratches, stains, broken fixtures, or other imperfections.
• Write a detailed list of all pre-existing issues. Note details like location, size, and description.
• Use an official Move-In/Move-Out Checklist form or create your own if none is provided by the landlord. While the state does not mandate a specific form, this sample is recommended by Louisiana courts and property managers.^[1]
• Share the checklist and evidence with your landlord or management company. Request their signature for added protection.

Relevant Forms: Move-In/Move-Out Checklist

• Form Name: Move-In/Move-Out Checklist
  When to Use: At the start of your tenancy (move-in day) and again when you vacate. For example, Jane rented an apartment in Baton Rouge. She and her landlord walked through the unit together, marked down existing scuffs, and both signed the checklist to avoid future disputes.
  See official Louisiana Move-In/Move-Out Checklist

Be sure to keep a copy of all paperwork for your records.

Louisiana Law: Inspections, Disclosures, and Your Rights

Louisiana leases are governed under the Louisiana Civil Code Articles 2668-2729 (Lease of Things/Tenancy).^[2] While the law does not force landlords to provide move-in inspection reports, it does require prompt return of security deposits and fair disclosures. If there are damages upon move-out that you can prove existed beforehand, the landlord may not deduct those repair costs from your deposit.

Tip: Before signing your lease, ask your landlord to complete a written walkthrough with you. This can prevent misunderstandings and support your claim if your deposit is withheld unfairly.

Your Rights in Security Deposit Disputes

If a disagreement arises over damages and deposit deductions, you can:

• Refer to your photo/video evidence and signed checklist.
• Send a written request for deposit return citing Louisiana Civil Code Article 2683 (landlord obligations).
• Apply to the local parish court (such as Louisiana District Court or Justice of the Peace Court) for disputes under $5,000.

The Civil District Court for the Parish of Orleans and local Justice of the Peace Courts handle residential tenancy claims.^[3]

FAQ: Louisiana Move-In Inspections and Damage Documentation

1. Does Louisiana require landlords to do a move-in inspection?
   No, Louisiana does not require landlords to conduct or document a move-in inspection, but renters are strongly advised to do so themselves.
2. What happens if my landlord does not provide a move-in checklist?
   You can use your own checklist and supply it to the landlord for signature. Documentation is valid even if you create it yourself.
3. How long should I keep my documentation?
   Keep all photos, videos, and forms until after you receive your security deposit and any disputes are fully resolved.
4. Where can I resolve a deposit dispute?
   Most disputes are filed in Justice of the Peace or District Court, depending on your parish and the amount in question.
5. Do I need to use a specific state form?
   No state-mandated form exists, but using an official or court-recommended checklist is highly recommended.

Need Help? Resources for Renters in Louisiana

• Louisiana Attorney General: Landlord-Tenant Rights – info on your state protections and sample forms
• Civil District Court for the Parish of Orleans – handles official tenancy disputes
• Louisiana Statewide Legal Services – free legal support for qualifying renters
• LawHelp Louisiana – tenant guides and resources

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1. Louisiana Civil District Court - Rental Move-In/Move-Out Checklist
2. Louisiana Civil Code Articles 2668-2729 - Leases/Tenancy Law
3. Civil District Court for the Parish of Orleans; Justice of the Peace Court directory

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