How do I dispute a security deposit return in Louisiana?
Louisiana's deposit statute is La. R.S. 9:3251–9:3254 (different from the rest of the country because Louisiana uses civil law, not common law).
1. 1-Month Return Rule
Within one month after termination of the lease and delivery of the keys, the landlord must return the deposit (less lawful deductions) along with an itemized written statement to the tenant at the forwarding address provided in writing (La. R.S. 9:3251(A)).
2. Forwarding Address Required
The tenant must provide a forwarding address in writing to trigger the landlord's obligation. Without it, the landlord's duties under § 3251 do not arise (§ 9:3251(B)).
3. Allowed vs. Prohibited Deductions
Permitted: unpaid rent, damages from acts or negligence of the tenant beyond normal wear and tear. Prohibited: ordinary wear and tear, routine cleaning, repainting after a long tenancy.
4. Bad-Faith Penalty
A landlord who in bad faith fails to comply with the return obligation is liable for actual damages or $300, whichever is greater, plus reasonable attorney's fees and court costs (§ 9:3252).
5. Notice Requirement Before Suit
Before filing, the tenant should give the landlord written notice. Bad faith is a question of fact; willful non-compliance after demand is strong evidence.
6. Court & Limitations
File in Louisiana justice of the peace court (up to $5,000), city court (up to $20,000–$50,000 depending on the city), or parish court. The prescription period (Louisiana's term for statute of limitations) is 3 years for rent and lease-related actions (La. Civ. Code art. 3494) or 10 years for general personal actions (art. 3499).
This is legal information, not legal advice.
- Landlord retaliating with bogus deductions after a tenant complaint
- High-value deposit (luxury New Orleans/Baton Rouge rental) where actual damages plus attorney's fees justify counsel
- Habitability defense claim alongside the deposit dispute
- La. R.S. 9:3251
- La. R.S. 9:3252
- La. Civ. Code art. 3494
- La. Civ. Code art. 3499
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.