Louisiana Month-to-Month Lease Agreement

Required Landlord Disclosures (1)

Many locations require landlords to disclose information about the property as required by state law. These disclosures vary according to each state’s landlord-tenant laws and must be provided to tenants before they move into the unit.

In Louisiana, there is only one required disclosure.

1. Lead-based paint: Federal law requires landlords to disclose information about any known lead-based paint or lead-based paint hazards on the property for all units constructed before 1978.

Landlords in Louisiana will receive this disclosure with each Louisiana lease agreement.

Required Notice to Terminate Month-to-Month Agreement

Since a Louisiana month-to-month lease agreement does not establish a firm end date, either party must inform the other in writing when they wish to terminate the agreement.

Required notice for landlord: Landlords must give at least 10 days’ notice to terminate a residential month-to-month rental agreement (La. Civ. Code § 2728).

Required notice for tenant: Tenants in Louisiana must give at least 10 days’ notice to terminate a month-to-month lease (La. Civ. Code § 2728).

Rent Increase Laws

Louisiana does not recognize rent control or rent stabilization rules restricting the amount or frequency of rent increases. Generally, a Louisiana landlord can raise the rent as they see fit at the end of a fixed-term lease.

For month-to-month leases, landlords are allowed to raise the rent any amount they’d like, but must provide the tenant with at least 10 days’ written notice before the rent increase occurs (La. Civ Code Arts. 2728).

Rent Payment Laws

Grace period: Louisiana law does not require a grace period for late rent payments.

Late rent fees: Louisiana law doesn’t set a specific amount landlords can charge for late fees, though landlords should clearly state those fees in their lease agreements (Louisiana Law Help).

Tenant’s right to withhold rent: Louisiana tenants cannot withhold rent for repairs. If a landlord fails to correct an issue related to health and safety within 14 days’ notice, tenants may pay for the repair themselves and deduct the cost from the next rent payment. They can also demand immediate reimbursement from the landlord. Tenants must provide a receipt for the repairs, and it must be to correct a necessary issue. (La. Civ. Code § 2694).

Pet rent laws: There is no limit to what a landlord in Louisiana can charge for pet rent, but the amount must be “reasonable.”

Security Deposit Rules

Maximum security deposit: Louisiana does not set a maximum amount for security deposits in the state.

Security deposit receipt: Landlords in Louisiana are not required to provide a receipt for the security deposit.

Deduction tracking: If a landlord in Louisiana is to withhold funds from the security deposit due to wear and tear on the property or for necessary repairs, they must provide an itemized list of the deductions for the actual cost of the repairs (La. Rev. Stat. § 9:3251).

Returning a tenant’s security deposit: Landlords must return funds from the security deposit within 1 month from the expiration of the lease (La. Rev. Stat. § 9:3251).

Pet deposit rules: No laws limit how much a landlord can charge as a pet deposit in Louisiana.

Property Access Regulations

Advance notice: Louisiana does not regulate how or when a landlord may enter a tenant’s unit, except to say that they must provide “reasonable” notice.

Immediate access: Louisiana landlords are allowed to enter a tenant’s property in cases of emergency.

Landlord harassment: Landlords in Louisiana are not allowed to harass tenants by repeatedly entering a unit without cause, or acting in a discriminatory fashion towards the tenant. Tenants who feel harassed can seek legal recourse, but may not be able to end the lease early.

Rental Agreement Violations

Missed rent payment: As soon as a rent payment is late, landlords in Louisiana can deliver a 5-day Notice to Quit. They are not required to give the tenant a chance to pay before beginning eviction proceedings (La. Code Civ. Pro. § 4701).

Lease violation: If a tenant violates their lease, landlords may issue a 5-day Notice to Quit without allowing the tenant to cure the breach (La. Code Civ. Pro. § 4701).

Self-help evictions: Louisiana law forbids landlords from carrying out an eviction on their own. They must follow the legal eviction process. Self-help evictions (changing the locks, turning off utilities, etc) are illegal and can open the landlord to legal penalties.

Lease abandonment: If a tenant leaves the property before the end of the lease term, they could be responsible for rent until the landlord re-rents the unit. Tenants who abandon the lease early could also be responsible for damage to the unit or other civil penalties (La. Code Civ. Pro. § 2002).