Louisiana Security Deposit Return Deadline & Penalty Calculator
Thursday, November 12, 2026
Computed as 30 calendar days under La. R.S. §§ 9:3251 – 9:3254.
Louisiana Small Claims Court cap: $5,000 — eligible for Small Claims Court filing.
Louisiana Security Deposit Rules at a Glance (La. R.S. §§ 9:3251 – 9:3254)
1 month (30 calendar days) after termination of the lease under La. R.S. § 9:3251. The landlord must return the deposit or forward an itemized statement detailing damages and retain only amounts required to remedy tenant defaults.
| Deadline (No Deductions) | 30 calendar days |
|---|---|
| Deadline (With Itemized Deductions) | 30 calendar days |
| Maximum Deposit Cap | No statutory cap on residential security deposit amounts under Louisiana state law; the amount is determined by the lease contract. |
| Bad-Faith / Late Penalty | Under La. R.S. § 9:3252, willful failure to comply within 30 days after a written demand entitles the tenant to recover actual damages or $300 (whichever is greater), plus double the amount wrongfully retained, along with reasonable attorney's fees. |
| Deposit Interest Rule | Not required under Louisiana state law; landlords are not required to hold deposits in interest-bearing accounts or pay interest to tenants. |
| Small Claims Court Limit | $5,000 |
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Key Louisiana Statutory Nuances & Documentation Rules
- Mandatory Formal Demand Letter (La. R.S. § 9:3252): To trigger statutory penalties and attorney fees, the tenant must deliver a formal written demand after the initial 30-day window expires. Failure of the landlord to refund within 30 days of that demand creates a legal presumption of willful violation.
- Greater of $300 or Actual Damages Penalty: Louisiana guarantees a minimum statutory penalty floor of $300 plus double damages and attorney fees.
- Written Forwarding Address Required (§ 9:3251(A)): The tenant must leave a forwarding address; if the landlord sends the itemized statement by registered mail to the supplied address, the landlord fulfills statutory notice obligations.
- No Cap on Lease Security: Unlike neighboring states with 1-month or 2-month caps, Louisiana has no statutory ceiling on security or pet deposits.
New Orleans Rental Move-Out Past 30 Days with Formal Demand
A tenant moves out of a New Orleans apartment on July 31, 2026 after paying a $1,600 deposit. Under La. R.S. § 9:3251, the 30-day return window expires on August 30, 2026 (rolling to Monday, August 31, 2026). The landlord withholds $800 without sending an itemized list. The tenant delivers a written demand letter; when the landlord fails to pay within 30 days of the demand, La. R.S. § 9:3252 legally presumes willful failure. In Louisiana City Court or Justice of the Peace Court (Small Claims limit $5,000), the judge may award the $800 withheld plus double damages of $1,600 and reasonable attorney's fees.
Louisiana Security Deposit Return FAQs
How long does a Louisiana landlord have to return a security deposit?
Under Louisiana Revised Statutes (La. R.S.) § 9:3251, the landlord has one month (30 calendar days) after the lease terminates to return the deposit or provide an itemized statement detailing the reasons for any retention.
What is the penalty if a Louisiana landlord fails to return the deposit?
Under La. R.S. § 9:3252, willful failure to return the deposit after a written demand makes the landlord liable for the amount wrongfully withheld, plus either $300 or double the amount wrongfully retained (whichever is greater), alongside reasonable attorney's fees.
Does a Louisiana tenant have to send a demand letter before suing?
Yes. La. R.S. § 9:3252 requires the tenant to send a written demand for the return of the deposit. Failure of the landlord to respond within 30 days of that demand creates a legal presumption of willful failure needed for penalty recovery.
Is there a limit on how much a landlord can charge for a deposit in Louisiana?
No. Louisiana state law does not restrict the amount a landlord may charge for a residential security deposit or pet deposit; terms are set by the lease agreement.