Louisiana Rental Agreement: Complete 2025 Guide for Landlords and Tenants
Louisiana Rental Agreement: Complete 2025 Guide for Landlords and Tenants
A Louisiana rental agreement is a legally binding contract between a landlord and tenant that outlines the terms and conditions for renting residential property in Louisiana. Whether you're a first-time landlord or an experienced property owner, understanding Louisiana's specific rental laws ensures compliance and protects both parties' rights.
What is a Louisiana Rental Agreement?
A Louisiana rental agreement (also called a lease agreement) is a written contract that establishes the landlord-tenant relationship. Under Louisiana Civil Code Article 2668, a lease of immovable property must include essential terms like rental amount, lease duration, property description, and responsibilities of both parties.
Louisiana recognizes two main types of rental agreements:
- Fixed-Term Lease: A lease for a specific period (typically 6-12 months)
- Month-to-Month Lease: A periodic lease that automatically renews monthly
Essential Elements of a Louisiana Rental Agreement
Required Provisions
According to Louisiana law (La. R.S. 9:3251-3261), every residential lease agreement must include:
- Property Address: Complete street address and unit number (if applicable)
- Parties' Names: Full legal names of all landlords and tenants
- Lease Term: Start date, end date (if fixed-term), or monthly period
- Rent Amount: Monthly rent amount in dollars
- Payment Terms: Due date, acceptable payment methods, grace period (if any)
- Security Deposit: Amount and conditions for return (limited to 1-2 months' rent typically)
- Utilities: Clarification of which party pays for water, electricity, gas, trash, internet
- Maintenance Responsibilities: Who handles repairs and upkeep
- Pet Policy: Whether pets are allowed and associated fees
Recommended Additional Clauses
While not legally required, these clauses protect both parties:
- Late Fee Policy: Louisiana allows reasonable late fees (typically $5-10% of monthly rent)
- Entry Rights: Landlord must provide 24-48 hours notice before entry (except emergencies)
- Smoking Policy: Whether smoking is permitted on the premises
- Subletting Rules: Whether tenant can sublet and under what conditions
- Renewal Terms: Process for renewing or extending the lease
- Termination Clause: How either party can legally terminate the lease
Louisiana-Specific Rental Laws
Security Deposit Laws
Louisiana Revised Statute 9:3251 governs security deposits:
- Deposit Limit: No statutory maximum, but typically 1-2 months' rent
- Return Timeline: Must be returned within 30 days after tenant moves out
- Itemized Deductions: Landlord must provide written statement of any deductions
- Interest: No requirement to pay interest on security deposits
- Holding Account: Deposits can be commingled with landlord's personal funds (unlike some states)
Late Fee Regulations
Louisiana Civil Code Article 2712 allows landlords to charge reasonable late fees if specified in the lease. Typical practices include:
- Late fees after a grace period (commonly 5 days)
- Flat rate fees ($25-$100) or percentage-based (5-10% of rent)
- Daily late fees are legal but must be reasonable
Eviction Process in Louisiana
If a tenant violates the lease, Louisiana provides a streamlined eviction process:
- 5-Day Notice to Vacate: For non-payment of rent (La. C.C.P. Art. 4701)
- 10-Day Notice to Cure: For lease violations other than non-payment
- Court Filing: File "Rule for Possession" with parish court
- Eviction Hearing: Typically scheduled within 10-15 days
- Writ of Possession: If landlord wins, sheriff executes eviction
Total timeline: 3-6 weeks from first notice to physical eviction.
Habitability Requirements
Under Louisiana Civil Code Article 2682, landlords must:
- Maintain the property in a condition fit for human habitation
- Make all necessary repairs to keep the premises livable
- Provide functioning plumbing, heating, electrical systems
- Ensure structural integrity and weather protection
- Control pest infestations
Tenants can withhold rent or repair and deduct if landlord fails to maintain habitability (La. C.C. Art. 2694).
Month-to-Month Lease Termination in Louisiana
For month-to-month leases, Louisiana requires:
- Tenant's Notice: 10 days' written notice to terminate (La. C.C. Art. 2728)
- Landlord's Notice: 10 days' written notice to terminate
This is shorter than many states (which often require 30 days), giving Louisiana landlords and tenants more flexibility.
Rent Increase Rules in Louisiana
Louisiana has no statewide rent control laws. Landlords can:
- Increase rent by any amount with proper notice
- Must provide 30-60 days' notice for month-to-month leases (check local ordinances)
- Cannot increase rent during a fixed-term lease unless specified in the contract
- Must comply with New Orleans' rent increase notification requirements (if applicable)
Fair Housing Compliance
Louisiana landlords must comply with federal Fair Housing Act and Louisiana Equal Housing Opportunity Act (La. R.S. 51:2601-2610). It's illegal to discriminate based on:
- Race or color
- National origin
- Religion
- Sex (including sexual orientation and gender identity)
- Familial status (families with children under 18)
- Disability
Landlords should use consistent screening criteria for all applicants and document all decisions.
How to Create a Louisiana Rental Agreement
Step 1: Use a Template or Attorney
You can:
- Download a Louisiana-specific lease template
- Hire a Louisiana real estate attorney to draft a custom lease
- Use online legal services like LegalZoom or Rocket Lawyer
Step 2: Fill in All Required Information
Include all essential elements listed above, ensuring accuracy and completeness.
Step 3: Add Louisiana-Specific Provisions
- Reference Louisiana Civil Code articles for legal authority
- Include parish-specific requirements (Orleans Parish has unique rules)
- Clarify hurricane/flood insurance responsibilities (critical in Louisiana)
Step 4: Review with Both Parties
Both landlord and all tenants should read the entire agreement carefully.
Step 5: Sign and Date
- All parties must sign and date the lease
- Each party should receive an original copy
- Keep copies for your records (minimum 3-7 years recommended)
Common Louisiana Rental Agreement Mistakes to Avoid
❌ Not Specifying Late Fees: Always clearly state late fee amounts and when they apply
❌ Omitting Move-In Inspection: Document property condition with photos and signed checklist
❌ Failing to Disclose Lead Paint: Federal law requires disclosure for homes built before 1978
❌ Unclear Utility Responsibilities: Specify exactly who pays for each utility
❌ Not Including Move-Out Procedures: Clarify notice requirements and security deposit return process
❌ Copying Templates from Other States: Each state has unique laws—use Louisiana-specific forms
Louisiana Parish-Specific Considerations
Orleans Parish (New Orleans)
- Stricter Code Enforcement: Must obtain Rental Registration Certificate
- Hurricane Clauses: Consider including hurricane evacuation and property access provisions
- Short-Term Rental Restrictions: Different rules if operating as STR vs. long-term rental
East Baton Rouge Parish
- Rental Inspection Programs: Some areas require periodic inspections
- College Rentals: Additional regulations near LSU campus
Jefferson Parish
- Occupancy Limits: Specific rules on how many unrelated occupants per unit
- Property Registration: May require landlord registration with parish
Sample Louisiana Lease Provisions
Late Fee Clause
"If rent is not paid within five (5) days of the due date, Tenant shall pay a late fee of $50.00 or 5% of the monthly rent, whichever is greater, for each month rent is late."
Security Deposit Return Clause
"Within thirty (30) days of Tenant vacating the premises, Landlord shall return the security deposit less any lawful deductions. An itemized statement of deductions shall be provided to Tenant at the forwarding address provided."
Entry Notification Clause
"Landlord shall provide Tenant with at least twenty-four (24) hours written or verbal notice before entering the premises, except in cases of emergency."
Frequently Asked Questions
Q: Do I need a written lease in Louisiana?
While Louisiana law doesn't require written leases for terms under one year, written agreements are strongly recommended for all rental arrangements. They provide clear evidence of terms if disputes arise.
Q: Can a landlord enter my rental property without notice?
Generally, no. Louisiana landlords must provide reasonable notice (typically 24-48 hours) except in emergencies like fire, flood, or gas leak.
Q: How much security deposit can a Louisiana landlord charge?
Louisiana has no statutory limit, but standard practice is 1-2 months' rent. Charging excessive deposits may be challenged as unconscionable.
Q: Are rent control laws in effect in Louisiana?
No, Louisiana has no statewide or local rent control laws. Landlords can set rental rates at market value.
Q: Can I withhold rent for repairs in Louisiana?
Yes, under Louisiana Civil Code Article 2694, if the landlord fails to make necessary repairs after written notice, the tenant may make repairs and deduct reasonable costs from rent, or deposit rent into court escrow.
Q: What happens if I break my lease early?
Breaking a fixed-term lease without legal justification makes you liable for remaining rent payments. However, Louisiana landlords have a duty to mitigate damages by attempting to re-rent the property. You may negotiate an early termination fee.
Resources for Louisiana Landlords and Tenants
- Louisiana Civil Code: legis.la.gov - Official state statutes
- Louisiana Housing Corporation: Provides housing assistance programs
- Legal Aid Organizations: Southeast Louisiana Legal Services, Capital Area Legal Services
- Local Landlord Associations: Greater New Orleans Apartment Association, Baton Rouge Apartment Association
Conclusion
A well-drafted Louisiana rental agreement protects both landlords and tenants by clearly establishing rights, responsibilities, and expectations. By including all required provisions, complying with Louisiana law, and addressing common issues upfront, you can prevent disputes and maintain a positive landlord-tenant relationship.
Whether you're renting in New Orleans, Baton Rouge, Shreveport, or elsewhere in Louisiana, always ensure your lease agreement is tailored to Louisiana's unique legal requirements and local parish ordinances.
Need help calculating late fees if your tenant pays late? Use our Louisiana rent late fee calculator to ensure compliance with state law.
This guide is for informational purposes and does not constitute legal advice. Consult a Louisiana real estate attorney for specific legal questions about your rental agreement.