Security Deposit Law
What Louisiana landlords must do with security deposits — the cap, interest, return deadline, account rules, and penalties — with citations to the statute itself.
Verified as of June 16, 2026
This page is general information, not legal advice. Statutes change — verify with the cited sources or an attorney.
Deposit cap
No statutory cap — Louisiana does not limit security deposit amounts.
Interest
No — Louisiana does not require landlords to pay interest on security deposits.
Return deadline
One month after the lease terminates — with a 15-day itemization extension arriving August 1, 2026.
La. R.S. 9:3251 governs the return, retention, and itemization of 'any advance or deposit of money furnished by a tenant or lessee,' but sets no maximum. The deposit amount is left to the lease.
The deposit provisions, La. R.S. 9:3251 through 9:3254, say nothing about interest. Any interest obligation would have to come from the lease itself.
The deposit 'shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate,' except the landlord 'may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises.' If any portion is retained, the landlord must forward an itemized statement accounting for the retained proceeds and giving the reasons — within one month after the tenancy terminates, and effective August 1, 2026 (2026 La. Act No. 63, amending R.S. 9:3251(A)), alternatively 'within fifteen days after the date that is one month after the tenancy terminates.' Act 63 extends only the itemized-statement window; the underlying one-month obligation to return the deposit itself is unchanged. The statute also makes the tenant's address an operative condition: 'The tenant shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent' (9:3251(A)). None of subsection (A) applies if the tenant abandons the premises without giving notice as required or prior to lease termination (9:3251(C)).
La. R.S. 9:3251(A), (C) · 2026 La. Acts No. 63 (HB 292, 2026 Reg. Sess.), § 1
No Louisiana statute requires residential security deposits to be held in a separate or escrow account; R.S. 9:3251 governs only return, retention, itemization, and transfer of the deposit. Segregating deposits is still smart practice, since you must be able to refund within one month of lease termination.
Under R.S. 9:3252(A), willful failure to comply lets the tenant recover 'any portion of the security deposit wrongfully retained and three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater,' and failure to remit within thirty days after the tenant's written demand for a refund constitutes willful failure. R.S. 9:3253 adds that 'the court may in its discretion award costs and attorney's fees to the prevailing party,' and R.S. 9:3254 makes any lease waiver of these tenant rights 'null and void.'
No parish or municipal security-deposit ordinance was found on official Louisiana sources, and the state deposit statutes contain no local-option provisions. The absence of a New Orleans (or other municipal) deposit ordinance could not be verified against an official municipal-code search and is disclosed in couldNotConfirm.
Return the deposit within one month after the lease terminates; if you retain any portion, forward an itemized statement with reasons within one month after the tenancy terminates. Starting August 1, 2026, Act 63 of 2026 alternatively allows the itemized statement 'within fifteen days after the date that is one month after the tenancy terminates' — the refund deadline itself does not move.
You may keep only what is 'reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises' (R.S. 9:3251(A)). Ordinary wear and tear is not deductible.
Failure to remit within thirty days after the tenant's written demand for a refund constitutes willful failure under R.S. 9:3252(A), which triggers liability for the wrongfully retained portion plus the greater of $300 or twice that portion.
A recovery action may be brought in the parish of the lessor's domicile or the parish where the property is situated (R.S. 9:3252(B)), and the court may in its discretion award costs and attorney's fees to the prevailing party (R.S. 9:3253) — which can also work in a landlord's favor against a meritless claim.
If the lessor's interest is transferred during the lease term, the deposit must be transferred to the successor in interest; the transferor is then relieved of liability and the transferee becomes responsible for returning the deposit under subsection (A) (R.S. 9:3251(B)).
Any lease waiver of a tenant's rights under this part is 'null and void' (R.S. 9:3254). The subsection (A) protections do not apply, however, when the tenant abandons the premises without giving notice as required or prior to lease termination (R.S. 9:3251(C)).
That delay is statutorily willful failure: the tenant can recover the wrongfully retained portion plus 'three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater' (R.S. 9:3252(A)), and the court may add costs and attorney's fees (R.S. 9:3253).
Retention without the R.S. 9:3251(A) itemized statement — due within one month after the tenancy terminates, or for tenancies governed by Act 63 of 2026 (effective Aug. 1, 2026) alternatively within fifteen days after the date that is one month after termination — is wrongful retention, exposing you to R.S. 9:3252 damages.
The statute permits retention only of what is 'reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises' — deductions for normal wear are wrongful retention and feed straight into the R.S. 9:3252 penalty math.
R.S. 9:3251(B) relieves a selling lessor of liability only when the deposit is transferred to the successor in interest as the statute provides; handle deposits explicitly at closing or the return obligation can stay with you.
The clause is worthless: 'Any waiver of the right of a tenant under this part shall be null and void' (R.S. 9:3254). You remain fully exposed to the one-month deadline and R.S. 9:3252 damages.
One month after the lease terminates (R.S. 9:3251(A)). If you keep any portion, you must also forward an itemized statement giving your reasons within one month after the tenancy terminates — and starting August 1, 2026, Act 63 of 2026 gives an alternative window of fifteen days after the date that is one month after termination for that itemized statement. The deadline to return the deposit itself is still one month.
Only amounts 'reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises.' Unpaid rent and damage beyond normal use qualify; ordinary wear and tear does not.
If the failure is willful — which includes failing to remit within 30 days after the tenant's written demand — the tenant can recover the wrongfully retained amount plus the greater of $300 or twice the wrongfully retained amount (R.S. 9:3252(A)), and the court may award costs and attorney fees to the prevailing party (R.S. 9:3253).
Neither. Louisiana's deposit statutes (R.S. 9:3251–9:3254) set no cap on the deposit amount and require no interest. No separate or escrow account is required either.
Act No. 63 of the 2026 Regular Session (HB 292), signed May 11, 2026 and effective August 1, 2026, amends R.S. 9:3251(A) so the itemized statement for retained deposit funds may be forwarded 'within one month after the date the tenancy terminates or within fifteen days after the date that is one month after the tenancy terminates.' It only extends the itemization window; the one-month deadline to return the deposit is unchanged. It also keeps the rule that the tenant must furnish a forwarding address at the end of the lease.
No. Under R.S. 9:3251(C), the return-and-itemization protections of subsection (A) do not apply when the tenant abandons the premises without giving notice as required or prior to the termination of the lease. Document the abandonment carefully, since the tenant may dispute it.
This page is general information, not legal advice. Statutes change — verify with the cited sources or an attorney.
Statute facts on this page were verified against the cited official sources on June 16, 2026.
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