What are tenant rights in Louisiana?

Louisiana is unique: tenant rights derive from the Louisiana Civil Code (a civil law system based on French and Spanish traditions), not common law. The lease contract is paramount.

1. Security Deposit — No statutory cap. Under La. R.S. § 9:3251, landlord must return within 1 month of termination with an itemized list of damages (or notice that all is retained for damages). Wrongful retention exposes landlord to actual damages plus $300 or twice the deposit, whichever is greater.

2. Lessor Obligations — La. Civ. Code art. 2682-2684 require the lessor to: (1) deliver the thing leased; (2) maintain it in suitable condition for the purpose for which it was leased; and (3) protect the lessee's peaceful possession.

3. Warranty Against Vices and Defects — Art. 2696-2699 require the lessor to warrant the lessee against vices or defects of the leased thing not known to the lessee, and to repair them. Lessee may dissolve the lease, obtain rent reduction, or repair-and-deduct (after notice and reasonable opportunity).

4. Notice for Entry — Civil Code does not specify; lease controls. Reasonable notice expected.

5. Eviction Notice — La. Code Civ. Proc. art. 4701 requires a 5-day notice to vacate before filing a Rule for Possession. For nonpayment, the lease often waives notice (read your lease carefully). Court eviction is required; self-help is prohibited.

6. Termination of Month-to-Month — La. Civ. Code art. 2728 requires 10 days' notice by either party.

7. Rent Control — Prohibited by La. R.S. § 9:3258.11.

8. Discrimination — Louisiana Equal Housing Opportunity Act (R.S. § 51:2601) mirrors federal Fair Housing Act. No source-of-income or sexual orientation protection statewide (New Orleans adds these).

9. Retaliation — Louisiana has no general retaliation statute; courts have recognized limited common-law defenses. New Orleans has a local retaliation ordinance.

This is legal information, not legal advice.