What are the security deposit rules in Louisiana?
Louisiana sets no limit on how much a landlord can charge as a security deposit, but the deposit must be returned within one month after the lease terminates, minus only what is reasonably necessary to remedy the tenant's default or unreasonable wear.
If anything is kept, the landlord must send an itemized statement giving the reasons within that same month, to the forwarding address the tenant is required to leave. The enforcement lever is the tenant's written demand: a landlord who fails to remit within 30 days of a written refund demand is deemed in willful violation and owes the wrongfully kept amount plus the greater of $300 or double that amount, with costs and attorney's fees available to whichever side prevails. Two Louisiana quirks cut the other way: a tenant who abandons the premises — or leaves without required notice — loses the return-and-itemization protections entirely, and no interest or separate account is ever required. These rights cannot be waived in a lease.
Louisiana security deposits at a glance
| Maximum deposit | No statutory cap |
|---|---|
| Return deadline | 30 days |
| Deadline conditions | The statute's unit is 'one month,' not 30 days: the deposit must be returned 'within one month after the lease shall terminate' (R.S. 9:3251(A)). The lessor may retain only what is 'reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises.' Major carve-out: subsection A does not apply at all 'when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease' (9:3251(C)). On sale of the property, the deposit transfers to the buyer, who becomes responsible for its return (9:3251(B)). |
| Itemization required | Yes |
| Itemization rules | If any portion of the deposit is retained, the lessor must forward an itemized statement 'accounting for the proceeds which are retained and giving the reasons therefor' within one month after the tenancy terminates (R.S. 9:3251(A)). From August 1, 2026, Act 63 of 2026 adds an alternative window of 15 days after the one-month mark for the itemized statement (flagged in pending_legislation; not yet effective). No statute enumerates permitted deduction categories beyond tenant default and unreasonable wear; normal wear is not deductible. |
| Separate account required | No |
| Interest owed to tenant | No |
| Account & interest rules | Not addressed by statute |
| Pet deposits | No statute addresses pet deposits. The Attorney General's official guide treats money held as a refundable pet deposit as covered by the Lessee's Deposit Act (same return, itemization, and penalty rules), while money labeled a 'pet fee or charge' falls outside the Act and is governed by the lease. |
| Non-refundable fees allowed | Not addressed by statute |
| Penalty for violation | Willful failure to comply with R.S. 9:3251 entitles the tenant to recover the wrongfully retained portion PLUS the greater of $300 or twice the amount wrongfully retained (R.S. 9:3252(A), as amended by Acts 2018, No. 416, eff. Jan. 1, 2019). Failure to remit within 30 days after the tenant's written demand for a refund constitutes willful failure per se. Costs and attorney's fees are discretionary and go to the prevailing party — either side (9:3253). Any waiver of the tenant's rights under the part is null and void (9:3254). Venue lies in the parish of the lessor's domicile or where the property sits (9:3252(B)). |
| Tenant forwarding-address duty | The tenant 'shall furnish the lessor a forwarding address at the termination of the lease' to which the itemized statement may be sent (R.S. 9:3251(A)). Separately, the written-demand letter is what starts the 30-day clock that makes a failure to remit willful under 9:3252 — tenants are well advised to send it certified on move-out (per the AG guide). |
Notes and caveats
Statute citations
- La. R.S. 9:3251 (A), (B), (C) Official source
- La. R.S. 9:3252 (A), (B) Official source
- La. R.S. 9:3253 Official source
- La. R.S. 9:3254 Official source
- La. AG, 'A Guide to Louisiana Landlord & Tenant Laws' (La. DOJ Consumer Protection Section) Lessee's Deposit Act chapter (penalty figure stale — see notes) Official source
How this record was verified: Direct read of statute text on the official Louisiana Legislature site (legis.la.gov Law.aspx section pages) for La. R.S. 9:3251-3254 and 9:3258 and Civil Code arts. 2005, 2011, 2012, 2680-2683, 2693, 2695, 2727, and 2728, with every load-bearing section independently re-read on a second host (codes.findlaw.com; law.justia.com blocked fetches with 403). Enrolled text of 2026 Act No. 63 (HB 292) read in full from the legislature's document server, plus the bill-status page confirming signature 5/11/2026 and 8/1/2026 effective date. Cross-checked against the Louisiana Attorney General's official guide 'A Guide to Louisiana Landlord & Tenant Laws' (La. DOJ Consumer Protection Section), noting that the guide's deposit-penalty figure ($200/actual damages) is stale — superseded by Acts 2018, No. 416. 2026 regular session swept for other relevant bills; none found beyond Act 63.