Can I Sue My Landlord in Louisiana?
Yes — in many situations. These are the main claims Louisiana tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| Penalty for withholding | For willful noncompliance, the tenant recovers the wrongfully kept amount plus $300 or twice the wrongfully kept amount, whichever is greater. Failing to refund within 30 days after the tenant's written demand counts as willful. The court may award costs and attorney's fees to the prevailing party. Fees statute: https://legis.la.gov/legis/Law.aspx?d=107470. Under R.S. 9:3254, any waiver of these tenant rights is null and void: https://legis.la.gov/legis/Law.aspx?d=107471. Suit may be filed in the parish of the landlord's domicile or where the property is located. CAUTION: the AG's 'Moving In, Moving Out' guide (2024 PDF) still says 'actual damages or $200', which is the pre-2019 text. The statute controls. |
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| Deposit return deadline | Within one month after the lease terminates. If the landlord keeps any part, the itemized statement is due within one month after the tenancy ends. As of Aug. 1, 2026, the landlord may instead send it within an additional 15 days after that one-month date. NEW 2026: Act 63 (HB 292) added the extra 15 days for the itemized statement only. The return deadline itself is still one month. The tenant must give the landlord a forwarding address when the lease ends. Under 9:3251(C), the return requirement does not apply if the tenant abandons the premises without required notice or before the lease ends. Act 63 digest: https://legis.la.gov/Legis/ViewDocument.aspx?d=1484270 |
Free Louisiana security deposit demand letter
You were locked out or your utilities were cut off
| Lockouts & utility shutoffs | Self-help eviction is not authorized. A landlord must use the court process (notice to vacate, rule to show cause, judgment, and a warrant executed by the sheriff, constable or marshal). The only exception is a reasonable belief that the tenant abandoned the premises. A landlord who locks out the tenant or removes belongings may be liable for wrongful-eviction damages. Art. 4731(B) allows retaking possession without further process only after the required notice and a reasonable belief of abandonment. Under art. 4731(C) (Acts 2022, No. 442), in parishes under a federal disaster declaration, leaving a residence is not treated as abandonment for 30 days. A landlord who violates that rule owes the residential tenant the greater of $500 or twice the monthly rent, and the tenant may get a TRO without bond. The AG guide confirms that lockouts and putting belongings on the street can create damages liability (https://aglizmurrill.com/Files/Shared/Documents/MovingInOut.pdf). No general statute specifically addressing landlord utility shutoffs was found. |
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Your landlord retaliated after you complained
| Landlord retaliation | No statewide statute identified. In New Orleans, the city's Healthy Homes ordinance protects tenants who use its complaint process ('protected activity'). No anti-retaliation provision was found in the Civil Code lease title, R.S. 9:3251-3259, or C.C.P. Title XI. Secondary sources (Loyola Pro Bono Desk Manual) say Louisiana has no statutory ban and that courts may treat retaliation as an abuse-of-rights defense. They also report New Orleans City Code secs. 26-680/26-681 (eff. July 1, 2023) with a 6-month presumption. |
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Your landlord won't make repairs
| Repair and deduct | Allowed. If the landlord fails to make necessary repairs within a reasonable time after the tenant's demand, the tenant may have them made. The tenant can then demand immediate reimbursement or deduct the cost from rent, to the extent the repair was necessary and the cost reasonable. The landlord must make all repairs that become necessary to keep the premises suitable for their purpose, except repairs the tenant owes (C.C. art. 2691: https://legis.la.gov/Legis/Law.aspx?d=109753). The statute sets no dollar cap. Make the demand in writing and keep receipts (AG guide). |
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| Withholding rent | No statutory rent-withholding/escrow procedure; the codified remedy is repair-and-deduct (C.C. art. 2694) No statute was found that lets a tenant withhold rent outright. Under C.C. art. 2704 (https://legis.la.gov/Legis/Law.aspx?d=109768), unpaid rent lets the landlord dissolve the lease. The AG guide says a tenant facing serious ignored problems may end the lease, but warns this needs substantial proof and legal advice. Verify with legal aid before withholding. |
| Mold | No statute — Louisiana has no mold disclosure or remediation law. The Civil Code's general lessor duties apply. The lessor must maintain the property in a condition suitable for its leased purpose, make all necessary repairs during the lease (except those the lessee is responsible for), and warrant that it is free of vices or defects that prevent its use, including defects that arise later and defects unknown to the lessor. If the lessor fails to repair within a reasonable time after demand, the lessee may repair and deduct reasonable costs. Art. 2682: https://legis.la.gov/Legis/Law.aspx?d=109743. Art. 2691: https://legis.la.gov/Legis/Law.aspx?d=109753. A lessee who knows of a defect and fails to notify the lessor may have recovery reduced (art. 2697). Some cities have local rental housing codes (e.g., New Orleans' Healthy Homes ordinance) that may address moisture or mold. |
| Pests & bed bugs | No statute — no state law specifically assigns pest or bed bug treatment or requires disclosure. Infestations are handled under the lessor's general duties to maintain the property in suitable condition, make necessary repairs, and warrant against vices and defects. The lessee must repair damage caused by their own fault or that of people on the premises with their consent. Who pays for treatment often depends on whether the infestation is a 'vice or defect' or was caused by the lessee. The lease and local codes may allocate this. |
| Heat | No statute — Louisiana law sets no minimum indoor temperature or heating season. If heating is part of the leased premises, the lessor's general duty to maintain the property in a condition suitable for its leased purpose and to make necessary repairs applies. Local housing codes may set heating standards. |
Free Louisiana repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| Landlord entry notice | No statute No Louisiana statute was found that sets a notice period for landlord entry, so entry is governed by the lease. Related rules: C.C. art. 2682 requires the landlord to protect the tenant's peaceful possession (https://legis.la.gov/Legis/Law.aspx?d=109743), and C.C. art. 2690 bars the landlord from altering the premises during the lease. The AG guide says the tenant must allow necessary repairs that cannot wait until the lease ends. Source: Official source |
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| Cameras & privacy | No landlord-specific statute. Video voyeurism is a crime. It means using any camera or image-recording device, including a drone, to observe, photograph or film a person without consent to that specific instance, either for a lewd or lascivious purpose or in certain intimate circumstances where the person has a reasonable expectation of privacy. Recording conversations is lawful if the person recording is a party or one party gave prior consent, unless it is done to commit a crime, tort or other injurious act. R.S. 15:1303: https://legis.la.gov/Legis/Law.aspx?d=78938. R.S. 14:283 was amended in 2026 (Act No. 424, HB 265); check current text for penalties. Louisiana has no statute on landlord entry; the lease and the lessor's duty to protect peaceful possession (C.C. art. 2682(3)) apply. |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing Section 8 / source of income | No statute — source of income is not a protected class under Louisiana's fair-housing law. The Louisiana Equal Housing Opportunity Act bars rental discrimination based on race, color, religion, sex, familial status, national origin, military status, natural/protective/cultural hairstyle, and disability, but not source of income or housing vouchers. Check local ordinances. Federal fair-housing law also does not protect source of income. Source: La. R.S. 51:2606(A) |
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Other claims tenants bring in Louisiana
| Constructive eviction (conditions forced you out) | No Louisiana statute uses the term "constructive eviction." Under the Civil Code, the landlord must keep the property suitable for its purpose and protect the tenant's peaceful possession, and warrants that it is free of defects that prevent its use. The Attorney General's guide says that if the landlord ignores a serious problem after notice, the tenant may terminate the lease, but this requires substantial proof that the landlord failed to perform, and ending a lease without enough cause has serious financial and legal consequences, so the tenant should get legal advice first. The tenant may also have repairs made and deduct the cost from rent, or demand reimbursement, if the requirements of La. C.C. art. 2694 are met. |
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| Covenant of quiet enjoyment | Yes, as the warranty of peaceful possession. The landlord must protect the tenant's peaceful possession for the whole lease and warrants it against disturbance by anyone claiming ownership, a right to possession, or another right in the property. In a residential lease, the warranty also covers disturbance by a person who has access with the landlord's consent or who occupies the landlord's adjacent property. The landlord is not bound to protect against other third persons who claim no right in the property; the tenant may act against them directly. |
| Injuries on the property | The landlord warrants that the property is free of vices or defects that prevent its use, including defects that arise later through no fault of the tenant and defects the landlord did not know about. In a residential lease, this warranty protects everyone who lives there under the lease, and it cannot be waived for defects that seriously affect health or safety. If the lease makes the tenant responsible for the property's condition, the owner is not liable for injuries caused by a defect to the tenant or the tenant's guests unless the owner knew or should have known of the defect, or was notified and did not fix it within a reasonable time. If the tenant knew of a defect and did not tell the landlord, the tenant's recovery may be reduced (art. 2697). |
Where and when to sue
| Small claims limit | $5,000 in justice of the peace courts and in city-court small claims divisions, not counting interest, court costs, attorney fees or penalties. A claim may not be split to get under the limit. City-court small claims limit: https://legis.la.gov/legis/Law.aspx?d=77961 (no more than ten plaintiffs per case; no class actions). In the City Court of East St. Tammany the small claims limit equals the justice of the peace limit (R.S. 13:5202(E)). |
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| Small claims filing fee | Justice of the peace court: generally about $130 in court costs to file a new case, plus $20 for each additional defendant; other costs may apply (full list in R.S. 13:2590). City-court small claims division: $35 per defendant by statute, up to $20 per additional service or subpoena. Costs may be waived for a party who cannot pay under C.C.P. arts. 5181-5188. JP cost figure from the AG guide: https://ag.louisiana.gov/Files/Shared/Documents/AGuideToLaJpcCourt.pdf. Confirm current charges with the court clerk. |
| Deadline to sue on a written lease | 3 years ('liberative prescription') for an action for arrearages of rent, running separately from each installment's due date. Other lease claims, such as property damage or breach of other lease obligations, generally fall under the 10-year personal-action period. The same rules apply to written and oral leases. Art. 3495 (runs from when each payment is due): https://legis.la.gov/Legis/Law.aspx?d=110519. Art. 3499 (10 years): https://legis.la.gov/Legis/Law.aspx?d=110525. Which period applies to a mixed claim depends on how the claim is characterized (case law). |
How small claims court works in Louisiana →
Tenant lawyers and free legal aid in Louisiana · Louisiana tenant rights · Suing a landlord in other states
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.