How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Louisiana, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Louisiana |
|---|---|
| Amounts reasonably necessary to remedy a tenant default (including unpaid rent) | Permitted, if substantiated |
| Amounts reasonably necessary to remedy unreasonable wear to the premises | Permitted, if substantiated |
| Claimed deduction | Permitted in Louisiana |
|---|---|
| Ordinary wear and tear | Not permitted |
| Any amount without the itemized statement within one month | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord may retain only what is reasonably necessary to remedy a tenant default or unreasonable wear, and must itemize the retention in writing within one month. Unreasonable wear (as opposed to ordinary wear) is the standard; the landlord must justify any retention.
In Louisiana the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. La. R.S. 9:3251 ↗
A flat penalty of $300.
Louisiana's remedy is the GREATER of $300 or twice the amount of the deposit wrongfully withheld (plus the refund itself). "Willful failure" is triggered automatically: failure to remit within 30 days after a written demand for refund constitutes willful failure. No separate bad-faith hearing is required.
La. R.S. 9:3252(A) ↗The tenant may recover the landlord's attorney fees.
Under La. R.S. 9:3253, the court MAY in its discretion award costs and attorney fees to the prevailing party. Discretionary, not automatic.
La. R.S. 9:3253 ↗Louisiana's penalty is a hybrid: the greater of $300 or twice the amount wrongfully retained, on top of the refund itself. For small deposits the $300 floor matters; for large deposits the 2x kicks in. Triggered automatically by a written demand followed by 30 days of non-remittance.
La. R.S. 9:3252(A) ↗Louisiana is the only state that does not follow the common-law/URLTA framework. Its deposit rules are standalone statutes (R.S. 9:3251-3254) rooted in the Civil Code. Generic "URLTA" advice does not apply.
La. R.S. 9:3251 et seq. ↗““I kept the deposit for damages.””
You may retain only what is reasonably necessary to remedy my default or unreasonable wear, and you must send an itemized statement within one month of termination. Ordinary wear and tear is not deductible.
La. R.S. 9:3251(A)
““You never gave me a forwarding address.””
Here is my forwarding address now. Regardless, my written demand for refund starts the 30-day clock under § 9:3252(A), after which your failure to remit constitutes willful failure.
La. R.S. 9:3251(A), 9:3252(A)
““I will keep the deposit and you can sue me.””
Under § 9:3252(A), a willful failure to return my deposit entitles me to the wrongfully retained amount plus the greater of $300 or twice that amount — triggered automatically 30 days after my written demand.
La. R.S. 9:3252(A)
Some widely circulated summaries of Louisiana deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 30 days |
| La. R.S. 9:3251(A) | One month after the lease terminates (per the lease's termination date) |
What we follow: One month (30 days equivalent), from the lease termination date
The statute says "one month" and runs from the lease's termination date. "30 days" is a reasonable simplification but the trigger (lease termination date, not move-out) is the operative detail.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| La. R.S. 9:3251(A) | 2026-10-15 | official text ↗ |
| La. R.S. 9:3252(A) | 2026-10-15 | official text ↗ |
| La. R.S. 9:3253 | 2026-10-15 | official text ↗ |
| La. R.S. 9:3251 | 2026-10-15 | official text ↗ |
| La. R.S. 9:3251 et seq. | 2026-10-15 | official text ↗ |
Primary reference: La. R.S. 9:3251 to 9:3253 (Lessee's Deposit Act). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
Louisiana Security Deposit Return
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The statute does not permit deductions for: ordinary wear and tear; any amount without the itemized statement within one month.
The landlord. The landlord may retain only what is reasonably necessary to remedy a tenant default or unreasonable wear, and must itemize the retention in writing within one month. Unreasonable wear (as opposed to ordinary wear) is the standard; the landlord must justify any retention.
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
No. Ordinary wear and tear