Understanding Louisiana Security Deposit & Damage Deposit Rules

If you’re renting in Louisiana, it’s vital to know the rules around security deposits and damage deposits. Understanding these protections can help you avoid unfair charges and secure the return of your money at the end of your lease. This guide explains what’s allowed, your rights as a tenant, and what to do if there’s a dispute.

What Is a Security Deposit in Louisiana?

A security deposit is money a landlord collects from you before you move in, which is held as financial protection for possible unpaid rent or damage beyond normal wear and tear. Louisiana law does not distinguish between a ‘security deposit’ and a ‘damage deposit’ – both are governed by the same statute and have the same protections.^[1]

How Much Can a Landlord Charge?

Louisiana does not set a specific limit on the amount a landlord can request for a security deposit. However, most landlords typically charge an amount equal to one month’s rent. Always make sure the deposit amount and its terms are in your written lease agreement.

When Can a Landlord Keep Your Deposit?

Your security deposit can only be withheld for:

• Unpaid rent at the end of your lease
• Cleaning fees (if in the lease and not due to normal use)
• Repair for actual damage beyond normal wear and tear
• Other charges specifically listed in your lease

Normal wear and tear, such as faded paint or worn carpet, cannot be deducted from your deposit.

Getting Your Deposit Back

Under Louisiana Revised Statutes §9:3251, your landlord must return your security deposit within 30 days of your lease ending and you moving out. If they keep any portion, they must give you an itemized list explaining each deduction.

Steps to Request Your Deposit

• Provide the landlord with your new mailing address when you move out
• Request your security deposit in writing (keep a copy for your records)
• If not returned within 30 days, you may take legal action

Official Forms Renters May Need

• Security Deposit Refund Demand Letter (no official state form number; sample template): Use this letter if your landlord has not returned your deposit within 30 days. Adapt sample demand letters from the Louisiana State Bar Association. Clearly state your name, address, lease information, and request for the refund.
• Small Claims Complaint Form: File in your local Louisiana City or Parish Court if needed. To file suit for a deposit, contact your local civil/small claims court for the correct form and filing procedure.

Which Agency Handles Disputes?

In Louisiana, disputes regarding security deposits are usually handled in local Parish or City Courts. There is no statewide housing tribunal, but courts can enforce the Louisiana Revised Statutes §9:3251-3253 – Security Deposits.^[2]

Security Deposit vs. Damage Deposit: Key Differences

• Legally, there is no difference in Louisiana. The law uses the term ‘security deposit’ to refer to any deposit for damages, unpaid rent, or cleaning.
• The rules for collection, deductions, and refunds apply equally to all types of deposits collected for these purposes.

Whether your lease calls it a ‘security deposit’ or ‘damage deposit,’ your rights remain the same under Louisiana law.

FAQ: Louisiana Security and Damage Deposit Rules

1. Is there a limit on security deposit amounts in Louisiana?
   No, Louisiana law does not set a cap, but most landlords charge about one month’s rent.
2. How fast must my landlord return my deposit?
   The landlord must return your deposit, or provide an itemized deduction list, within 30 days after your lease ends and you move out.
3. Can I get my deposit back if the landlord didn't give a written explanation?
   If no explanation is given and the landlord keeps all or part of your deposit, you can file in small claims court for damages, which may include attorney’s fees.
4. Does Louisiana law treat damage deposits differently from security deposits?
   No, the law treats all deposits for damage, unpaid rent, or cleaning as ‘security deposits’ and applies the same rules.
5. What if my landlord does not return my security deposit on time?
   You can send a written demand and, if needed, sue in small claims court. You may be eligible for damages up to $200, plus your deposit.

Key Takeaways

• Louisiana law treats all ‘security’ and ‘damage’ deposits the same.
• Your landlord must return your deposit or give a detailed list of deductions within 30 days of move-out.
• If you do not receive your deposit, you can take legal action in your local court.

Be aware of your responsibilities to avoid deposit disputes, and always document your apartment’s condition at move-in and move-out.

Need Help? Resources for Renters

• Louisiana Attorney General – Landlord/Tenant Guide
• Louisiana State Bar Association – Self-Help Legal Resources
• Louisiana Courts – Find Your Local Court
• Louisiana Revised Statutes §9:3251 – Security Deposits

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1. Louisiana Revised Statutes §9:3251 – Security Deposits
2. Louisiana Revised Statutes §9:3251-3253

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