Security Deposits

Louisiana’s Lessee’s Deposit Act establishes strict rules for security deposits. Landlords must return deposits within one month of lease termination, provide itemized deduction lists, and face penalties for wrongful retention.

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The Lessee’s Deposit Act

Louisiana Revised Statutes 9:3251 through 9:3254 govern security deposits. The Act applies to all residential leases in Louisiana, regardless of whether the lease is written or oral.

What Counts as a Deposit

The Act covers any payment made by a tenant to secure performance under a lease, including:

• Security deposits
• Damage deposits
• Pet deposits
• Cleaning deposits
• Any advance payment held as security

The Act does not apply to:

• Advance rent payments that are applied to rent
• Non-refundable pet fees (as opposed to pet deposits)
• Application fees

RS 9:3251

Landlord’s Obligations

When a lease terminates — whether by expiration, mutual agreement, or eviction — the landlord has specific duties regarding the security deposit.

One-Month Return Period

The landlord must return the deposit within one month after the lease terminates and the tenant vacates, provided the tenant left a forwarding address. The one-month period begins when:

1. The lease terminates, AND
2. The tenant vacates the premises, AND
3. The tenant provides a forwarding address

If the tenant does not provide a forwarding address, the landlord’s duty to return the deposit is suspended until an address is given.

RS 9:3251

Itemized Deduction Statement

If the landlord retains any portion of the deposit, the landlord must provide the tenant with an itemized statement of the deductions within the same one-month period. The statement must be mailed to the forwarding address provided by the tenant.

The statement typically lists:

• Each item of damage or default
• The cost of repair or remedy for each item
• The total amount deducted
• The amount being returned (if any)

RS 9:3251

Permitted Deductions

A landlord may deduct from the security deposit only for:

Default in Rent

Unpaid rent that was due under the lease.

Damage Beyond Normal Wear

Damage to the premises that exceeds normal wear and tear. Normal wear includes minor scuffs, small nail holes, worn carpet in traffic areas, and similar deterioration from ordinary use. Damage includes:

• Large holes in walls
• Broken windows or doors
• Stained or damaged flooring beyond normal wear
• Damage to appliances
• Excessive cleaning required

Other Lease Defaults

Costs incurred due to other defaults under the lease, such as:

• Cleaning beyond normal condition
• Removing abandoned property
• Utilities left in landlord’s name that tenant agreed to pay

Limitations

The landlord cannot deduct for:

• Normal wear and tear
• Pre-existing damage (document condition at move-in)
• Repairs that are the landlord’s responsibility
• Improvements or upgrades
• Cleaning if the tenant left the unit in the same condition as received

RS 9:3251

Tenant’s Written Demand

If the landlord fails to return the deposit or provide an itemized statement within one month, the tenant may send a written demand for return of the deposit.

Why Written Demand Matters

The written demand triggers additional penalties if the landlord continues to withhold the deposit wrongfully. Without a written demand, the tenant cannot recover the statutory penalties.

RS 9:3252

Demand Procedure

• Put the demand in writing
• Send by certified mail (retain proof of mailing)
• Include:
  • Tenant’s name and forwarding address
  • Property address
  • Amount of deposit paid
  • Date lease terminated
  • Demand for return of deposit

Penalties for Wrongful Retention

If a landlord fails to return the deposit or provide an itemized statement within thirty days after receiving a written demand, the failure is considered “willful” under the law.

Statutory Damages

The tenant may recover:

1. The portion of the deposit wrongfully retained, AND
2. Statutory damages of $300 or twice the amount of the wrongfully retained portion, whichever is greater

RS 9:3252

Attorney Fees and Costs

In addition to damages, the court may award costs and attorney fees to the prevailing party at its discretion.

RS 9:3253

Filing a Deposit Claim

Justice of the Peace Court

Security deposit claims may be filed in Justice of the Peace Court if the amount in dispute (deposit plus potential penalties) does not exceed $5,000. Most deposit disputes fall within this limit.

CCP 4911

What to File

The petition typically states:

• The lease dates and property address
• The amount of deposit paid and when
• The date the lease terminated
• The date the tenant vacated and provided forwarding address
• Whether the landlord returned anything or provided an itemized statement
• The written demand (if made) and when sent
• The amount claimed (deposit plus penalties if applicable)

Evidence to Gather

• Copy of the lease
• Receipt or proof of deposit payment
• Move-in and move-out condition documentation (photos, checklist)
• Copy of written demand and proof of mailing
• Any response from landlord
• Any itemized deduction statement received

Property Transfer Rules

If the property is sold or transferred during the tenancy, the new owner inherits the obligation to account for security deposits. The Act places responsibility on both the transferor and transferee to ensure deposits are properly handled.

RS 9:3251

Abandonment Exception

The Lessee’s Deposit Act does not apply when the tenant abandons the premises. Abandonment means leaving without notice, not paying rent, and showing no intent to return.

However, caution is advised when claiming abandonment. If the tenant was not actually abandoning — if they intended to return — the landlord may face liability for wrongful eviction or conversion of property.

RS 9:3254

Waiver Prohibited

Any lease provision that purports to waive the tenant’s rights under the Lessee’s Deposit Act is null and void. A landlord cannot contract around these protections.

RS 9:3251

Pet Deposits vs. Pet Fees

Louisiana law distinguishes between pet deposits and pet fees:

Pet Deposit: Refundable payment held as security for pet-related damage. Subject to the Lessee’s Deposit Act — must be returned within one month unless legitimately retained for damage.

Pet Fee: Non-refundable payment for the privilege of having a pet. Not subject to the Lessee’s Deposit Act because it is not held as security.

The lease should clearly state whether a pet payment is a refundable deposit or a non-refundable fee.

Military Lease Termination

Louisiana provides special protections for service members who need to terminate leases due to military orders.

Who Qualifies

Louisiana Revised Statutes 9:3261 applies to members of:

• United States Armed Forces
• Louisiana National Guard
• Reserve components called to active duty

RS 9:3261

Qualifying Orders

A service member may terminate a lease early upon receiving orders for:

• Permanent change of station to a location 35 or more miles away
• Deployment for 90 days or more
• Discharge or release from active duty
• Orders to move into government quarters

Termination Process

To terminate under military orders, the service member must:

1. Provide written notice of termination to the landlord
2. Attach a copy of the military orders
3. Wait 30 days from the date notice is served

RS 9:3261

Rent Proration

When a lease terminates under military orders, rent is prorated to the termination date. The tenant is not liable for rent beyond that date.

Deposit Return

The security deposit is handled under the normal Lessee’s Deposit Act rules — return within one month, itemized deductions only for legitimate damage or default.

No Penalty for Early Termination

The landlord cannot charge an early termination fee or penalty when the termination is due to qualifying military orders.

RS 9:3261

Timeline Summary

Event	Timeframe
Lease terminates + tenant vacates + forwarding address given	Start of one-month period
Landlord must return deposit or itemized statement	Within one month
Tenant may send written demand	Immediately upon vacating
Landlord penalty period begins	30 days after written demand
Military termination effective	30 days after notice

Related Topics

• Eviction Proceedings — The eviction process
• Lease Violations — Termination grounds
• Civil Suits — Filing civil claims
• Eviction Defenses — Defenses to eviction