Security Deposits

In Louisiana, the collection and return of security deposits are primarily regulated under the La. R.S. 9:3251. These laws provide a set of rules that Louisiana landlords and property managers have to follow to protect all parties.

Maximum Charge …. No limit as long as it is stated in the lease agreement.

Deductions … unpaid rent, cost of damages, remedy a default of the tenant

Return deadline … 1 month

Return Penalty … security deposit + damages OR Double the Security Deposit + Legal Fees (willful and negligent)

If a tenant wrongfully quits the lease by abandoning the property without proper notice before the end of the lease, the landlord may retain the entire security deposit towards the cost of re-leasing the property.

Can the deposit be used by the tenant as last month’s rent? The deposit may be used as the last month’s rent only if agreed upon in the lease agreement. Otherwise, the security deposit is to be handled separately from any rent payments.

Additional Pet Deposits. Landlords generally charge between one to two months’ rent as a security deposit, with another month’s rent for a pet deposit. Under Louisiana’s law, the landlord may ask for an additional pet deposit. However, people with disabilities who use service animals are entitled to full and equal access to housing. Thus, the tenant may not be discriminated against and the landlord may not require the tenant to pay extra to have a service animal. If the service animal causes damage to the rental unit, the tenant is liable to pay for any damages.

The Federal Fair Housing Act requires housing facilities to allow tenants who use service dogs and emotional support animals to have an equal opportunity to use and enjoy their home.