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Just Moved to Louisiana? How Our Landlord-Tenant Law Is Different. Video English/Espanol

Authored By: Southeast Louisiana Legal Services (Hammond Office) LSC Funded

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Just Moved to Louisiana?--How Our Landlord-Tenant Law Is Different (Text and Video)

Authored By: Southeast Louisiana Legal Services

FAQ

Is Louisiana Landlord-Tenant Law Different From Other States' Laws?

Yes, Louisiana's landlord-tenant law is different. If you moved to Louisiana from another state, you need to know that Louisiana landlord-tenant law is different in many important ways.

Many states base their laws on the modern Uniform Residential Landlord-Tenant Act (URLTA). Louisiana has not adopted the URLTA. Only a few revisions have been made to Louisiana landlord-tenant law since the early 1800s.

What Are Some of the Major Differences?

Louisiana law is different in these important ways:

·        If you have a month-to-month lease, in most cases your landlord can evict you on 10 days' notice. If you violate your lease agreement, say by not paying rent, this notice period may be as short as five (5) days. Many leases waive this five day notice, which is legal. Most other states give tenants 30 days' notice.

·        You generally cannot make your landlord cut your rent (partial rent abatement) for major landlord neglect, such as the failure to maintain the apartment with heat, electricity and water. Go to other Question and Answer pages on LawHelp for information about housing conditions, other problems and getting your landlord to make repairs.

·        You cannot simply refuse to pay your rent, even when the landlord has failed to make repairs that are necessary for the apartment to be fit for living. The judge likely will not let you use this issue as a defense to an eviction.

·        A tenant does not have the right to delay an eviction judgment by offering to pay for the extra time in the rented property. This is true even where the tenant has a hardship that prevented the tenant from paying the rent.

·        It may be harder for you under Louisiana law (as opposed to the law of other states) to prove your landlord is trying to evict you to retaliate against you for exercising your legal rights as a tenant.

·        Louisiana law lets you sue your landlord for damages if your landlord puts you out without bringing an eviction case against you in court. But Louisiana law concerning how much you can collect in damages may not be as generous as in some other states.

·        Louisiana law does not give you a grace period to pay your rent.

·        In Louisiana, neither side can be awarded money in an eviction action. All the judge can do is award possession to you or to your landlord. Your landlord has to sue you in a separate lawsuit to obtain rent owed. You have to sue your landlord in a separate lawsuit to get your security deposit back.

Last Review and Update: April, 2019

Last Review and Update: Apr 30, 2019
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