Louisiana's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is No statewide cap. The return deadline is One month after the tenant vacates / lease termination for return of the deposit, with an itemized statement if deductions are taken. Interest: No statewide interest requirement. The controlling authority is La. Rev. Stat. § 9:3251. Failure to return as required can support recovery of the greater of $300 or the deposit amount wrongfully withheld, plus attorney fees, and possible additional penalties for willful retention.
Key takeaways
- Maximum deposit: No statewide cap
- Return deadline: One month after the tenant vacates / lease termination for return of the deposit, with an itemized statement if deductions are taken
- Interest: No statewide interest requirement.
- Penalties: Failure to return as required can support recovery of the greater of $300 or the deposit amount wrongfully withheld, plus attorney fees, and possible additional penalties for willful retention.
- Primary authority: La. Rev. Stat. § 9:3251.
Worked example under Louisiana law
The illustration below uses only rules already stated for Louisiana. It is a research hypothetical, not a prediction of what a court will do.
A residential tenant moves out of a Louisiana rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap.
- Calendar the return deadline: One month after the tenant vacates / lease termination for return of the deposit, with an itemized statement if deductions are taken
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Failure to return as required can support recovery of the greater of $300 or the deposit amount wrongfully withheld, plus attorney fees, and possible additional penalties for willful retention.
Louisiana does not cap residential deposits statewide. La. R.S. 9:3251 requires return within one month with an itemization of deductions. Put demands in writing. City or parish courts handle many disputes.
Deposit limits in Louisiana
No statewide cap
When the deposit must be returned
One month after the tenant vacates / lease termination for return of the deposit, with an itemized statement if deductions are taken
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Failure to return as required can support recovery of the greater of $300 or the deposit amount wrongfully withheld, plus attorney fees, and possible additional penalties for willful retention.
Practical process for tenants and landlords
Louisiana does not cap residential deposits statewide. La. R.S. 9:3251 requires return within one month with an itemization of deductions. Put demands in writing. City or parish courts handle many disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in Louisiana
Pulver v. 1st Lake Properties, Inc.
Pulver v. 1st Lake Properties, Inc., 681 So. 2d 965 (1996)
…ake timely repairs, prorate rents, return prepaid rents and security deposits and to allow the revocation of leases. Civil code article 2697 provides: Total or partial destruction of thing during lease If, during the lease, the thing be totally destroyed by an unforseen [unforeseen] event, or it be taken for a purpose of public utility, the lease is at an end. If it be only des…
Practitioners open Pulver v. 1st Lake Properties, Inc. when Louisiana security deposits turns on the distinction in this sentence: "Civil code article 2697 provides: Total or partial destruction of thing during lease If, during the lease, the thing be totally destroyed by an unforseen [unforeseen] event, or it be taken for a purpose of public utility, the lease is at an end." Do not lift it out of the facts the court was deciding.
LHO NEW ORLEANS LM, L.P. v. MHI LEASCO NEW ORLEANS, INC., Meridien Hotels, Inc., Nomura International PLC, Le
…nel’s award did not make the appropriate adjustments to the security deposit that it could make under Section 15.1 of the lease. LaSalle contends that the arbitration panel exceeded its authority by directing it to pay the value of MHI Leasco’s security deposit, by valuing 1 n“Other assets” besides the FMV of the leasehold interest, by awarding prejudgment interest from the dat…
LHO NEW ORLEANS LM, L.P. v. MHI LEASCO NEW ORLEANS, INC., Meridien Hotels, Inc., Nomura International PLC, Le is worth reading on Louisiana security deposits because the court put the point in its own words: "nel’s award did not make the appropriate adjustments to the security deposit that it could make under Section 15.1 of the lease. LaSalle contends that the arbitration panel exceeded its authority by directing it to pay the value of MHI Leasco’s security deposit, by valuing 1 n“Ot" Use that passage as the starting point, then read the facts that precede it.
Hood v. Ashby Partnership
Hood v. Ashby Partnership, 446 So. 2d 1347 (1984)
…nership dba Maison Coteau Apartments, seeking a return of a security deposit given to secure the performance of a written lease agreement between plaintiffs and defendant. In addition to the return of the deposit, the plaintiffs also sued for damages and attorney's fees. After a trial on the merits, the lower court ruled that the plaintiffs were entitled to the return of their…
Louisiana opinions such as Hood v. Ashby Partnership are cited where security deposits is disputed. The court stated: "Maison Coteau Apartments, seeking a return of a security deposit given to secure the performance of a written lease agreement between plaintiffs and defendant. In addition to the return of the deposit, the plaintiffs also sued for damages and attorney's fees." That is the language to brief; the rest of the decision supplies the procedural posture.
Elizabeth A. MILLER v. Ramon ECUNG and Sheila Ecung
Elizabeth A. MILLER v. Ramon ECUNG and Sheila Ecung, 676 So. 2d 656 (1996)
…g, the lessors, under ' La.R.S. 9:3251-3254. to recover her security deposit. In addition to the attorney’s fee, the trial court ordered the Ecungs to return Miller’s $600 security deposit and further granted Miller penalties of $200.1 We amend to increase the attorney’s fee. 12F ACTS Miller entered into a written residential lease agreement with the Ecungs on July 22, 1994, fo…
On security deposits, Elizabeth A. MILLER v. Ramon ECUNG and Sheila Ecung speaks to the Louisiana dispute in this passage: "La.R.S. 9:3251-3254. to recover her security deposit. In addition to the attorney’s fee, the trial court ordered the Ecungs to return Miller’s $600 security deposit and further granted Miller penalties of $200.1 We amend to increase the attorney’s fee." The surrounding opinion shows how the court applied that language to the record.
Husband v. Lafayette Ins. Co.
Husband v. Lafayette Ins. Co., 635 So. 2d 309 (1994)
…e lease, Mr. Harris executed two checks, one for a $1000.00 security deposit, and one for $600.00 representing prorated rent for the month of August. Shortly after signing the lease, and without the knowledge or approval of the plaintiffs, Harris made many significant alterations to the decor of the house. He painted over panelled walls, wallpapered walls, stained *311 wood mol…
Husband v. Lafayette Ins. Co. is worth reading on Louisiana security deposits because the court put the point in its own words: "Mr. Harris executed two checks, one for a $1000.00 security deposit, and one for $600.00 representing prorated rent for the month of August." Use that passage as the starting point, then read the facts that precede it.
Cantelli v. Tonti
Cantelli v. Tonti, 297 So. 2d 766 (1974)
…mained effective throughout that entire monthincluding the security deposit provisionand it was during this month the rent deposit return act was adopted and became law. The tacit agreement to retain the deposit feature of the original lease in the month-to-month agreement is demonstrated by the litigants' conduct in August 1972. When Mrs. Cantelli inquired about the deposit,…
On security deposits, Cantelli v. Tonti speaks to the Louisiana dispute in this passage: "The tacit agreement to retain the deposit feature of the original lease in the month-to-month agreement is demonstrated by the litigants' conduct in August 1972. When Mrs." The surrounding opinion shows how the court applied that language to the record.
Roshto v. Bajon
Roshto v. Bajon, 335 So. 2d 486 (1976)
…ouisiana, and that he was required to post a $50.00 advance security deposit. He further alleged that Mrs. Bajon failed to make the premises available in that a workman was doing remodeling work which impeded plaintiff's use of the residence; and that about 2 weeks after the giving of the deposit he demanded the return of same which was refused by defendant. Based upon the prov…
Louisiana opinions such as Roshto v. Bajon are cited where security deposits is disputed. The court stated: "He further alleged that Mrs. Bajon failed to make the premises available in that a workman was doing remodeling work which impeded plaintiff's use of the residence; and that about 2 weeks after the giving of the deposit he demanded the return of same which was refused by defendant." That is the language to brief; the rest of the decision supplies the procedural posture.
Nwokolo v. Torrey
Nwokolo v. Torrey, 726 So. 2d 1055 (1999)
…out of a dispute over a landlord's retention of a lessee's security deposit and the condition of the leased premises on the lessee's vacating the premises. Benedict and Rita Nwokolo, lessees ("Nwokolos"), filed suit against Robert H. Torrey and his wife, landlords ("Torreys"), for return *1056 of their security deposit, statutory penalties and attorney fees. The Torreys filed…
On security deposits, Nwokolo v. Torrey speaks to the Louisiana dispute in this passage: "Benedict and Rita Nwokolo, lessees ('Nwokolos'), filed suit against Robert H. Torrey and his wife, landlords ('Torreys'), for return *1056 of their security deposit, statutory penalties and attorney fees." The surrounding opinion shows how the court applied that language to the record.
Frequently asked questions
How much can a landlord charge for a security deposit in Louisiana?
No statewide cap
How long does a landlord have to return my deposit?
One month after the tenant vacates / lease termination for return of the deposit, with an itemized statement if deductions are taken
What if my landlord keeps the deposit without an itemized list?
Failure to return as required can support recovery of the greater of $300 or the deposit amount wrongfully withheld, plus attorney fees, and possible additional penalties for willful retention.
This guide covers Louisiana residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.