Servicemembers Civil Relief Act Centralized Verification Service

What a Landlord Cannot Do in Louisiana: Essential Tenant Rights

Posted by Roy L. Kaufmann

Renting a home in Louisiana comes with legal responsibilities for both landlords and tenants. Understanding landlord-tenant laws helps ensure a smooth rental experience while preventing costly legal disputes. When landlords fail to comply with these laws, they risk lawsuits, fines, and reputational damage.

Tenants have rights that protect them from unfair treatment, such as wrongful security deposit withholding, improper eviction notices, and unjust rent increases. Meanwhile, landlords must do more than just collect rent—they are responsible for maintaining the property, following proper notice procedures, and complying with the Federal Fair Housing Act.

This guide outlines what landlords cannot do in Louisiana, covering common violations, tenant protections, and the legal consequences of noncompliance.

8 Actions Landlords Are Prohibited from Taking in Louisiana

A hand holds a key with a house-shaped keychain in front of a modern home, representing the concept of property ownership or rental.

#1: A Landlord Cannot Evict an Active-Duty Service Member

In Louisiana, landlords cannot legally evict an active-duty service member for unpaid rent without obtaining a court order. This protection falls under the Servicemembers Civil Relief Act (SCRA), a federal law designed to prevent legal disputes that could interfere with military obligations.

However, there are exceptions where an eviction may proceed:

  • If the tenant fails to comply with lease terms unrelated to military service, such as property damage or unauthorized subletting.
  • If the tenant violates Louisiana landlord-tenant laws, such as engaging in illegal activity on the rented property.

When a landlord files for eviction, the court may grant a stay of proceedings for up to 90 days to allow the service member time to respond. This safeguard ensures that military personnel are not unfairly displaced while fulfilling their duties.

#2: The Right to Fair Housing is Protected by Law

Both Louisiana landlord-tenant laws and the Federal Fair Housing Act prohibit discrimination in housing. Under these laws, landlords in Louisiana cannot deny a tenant rental property based on race, color, religion, sex, national origin, disability, or familial status. These protections ensure fair housing opportunities for all renters.

Some prohibited discriminatory practices include:

  • Refusing to rent to a prospective tenant based on a protected characteristic.
  • Unequal lease terms, such as charging higher rent payments or setting unfair lease terms for specific groups.
  • Biased advertising, including rental listings that discourage certain applicants.
  • Refusing reasonable accommodations for tenants with disabilities, such as allowing service animals or modifying a rental unit for accessibility.

Landlords who violate these laws may face legal repercussions, including lawsuits and financial penalties. Ensuring compliance with fair housing laws is essential for maintaining legal rights and a fair rental market in Louisiana.

#3: A Landlord Must Provide a Habitable Living Environment

Landlords are legally required to provide tenants with a habitable living environment under the state’s implied warranty of habitability. This means that a rental unit must be safe, sanitary, and livable, ensuring that tenants have access to essential services and structural integrity.

Landlords must maintain the following in a rental unit:

  • Functional plumbing and running water.
  • Heating and electricity in good working condition.
  • Pest control—free from infestations like rodents or roaches.
  • Mold removal to prevent health hazards.
  • Working smoke and carbon monoxide detectors for tenant safety

If a landlord fails to maintain these essential conditions, tenants have several legal rights. For example, they may report the issue to local housing authorities, exercise “Repair and Deduct” rights—hiring a contractor to fix the issue and deducting the cost from rent payment, or seek reimbursement—if the tenant pays for repairs, they can demand repayment from the landlord.

For example, if a repair pair for by the tenant costs $300 and the monthly rent is $800, the tenant can legally withhold $300 and pay $500 instead. Landlords who neglect habitability requirements can face legal repercussions, including fines and potential lawsuits.

#4: The Right to Complain to the Landlord is Guaranteed and Free from Retaliation

Tenants in Louisiana have the right to report maintenance issues or safety concerns without fear of retaliation from their landlord. Whether it’s a broken heating system, pest infestation, or a security deposit dispute, renters should be able to file complaints without worrying about unfair treatment.

While Louisiana law does not have a specific statute against landlord retaliation, courts recognize that punishing a tenant for reporting issues can be seen as an abuse of rights. Landlords in Louisiana cannot:

  • Unfairly evict a tenant for filing complaints about rental property conditions.
  • Raise rent suddenly after a tenant voices concerns.
  • Reduce services, such as cutting off utilities or limiting property management access.
  • Refuse lease renewals solely to punish a tenant for asserting their legal rights.

If a landlord wins an eviction case based on retaliation, tenants can argue unfair eviction or abuse of rights in court. While there is no direct legal provision against retaliation, Louisiana courts may side with the tenant if evidence shows the landlord fails to provide a valid reason for their actions.

#5: The Right to Fair Eviction and Lease Termination

Landlords must follow legal procedures when evicting a tenant. A tenant cannot be forced out of a rental property without proper notice and a valid reason. If a landlord fails to follow the correct process, the eviction may be considered illegal, leading to potential legal repercussions.

The required notice period depends on the type of lease agreement. For a month-to-month lease, the landlord must provide 10 days’ written notice before terminating the tenancy without cause. In a fixed-term lease, the tenant has the right to stay until the lease ends unless they violate the lease terms, such as failing to pay rent.

If an eviction is due to a lease violation, the landlord must provide written notice before filing for eviction. Without proper notice of termination, the lease automatically defaults to a month-to-month lease under Louisiana law.

Self-help evictions, such as changing locks, removing tenant belongings, or shutting off utilities, are strictly prohibited. If a landlord attempts these tactics, the tenant may take legal action to protect their tenant rights.

Louisiana Tenants also have defenses against unfair evictions. If an eviction is based on retaliation, such as punishing a tenant for reporting poor living conditions, the tenant may challenge it in court.

Similarly, evictions based on race, religion, disability, or familial status violate the Fair Housing Act and can result in legal disputes. By understanding Louisiana’s eviction process, both landlords and tenants can avoid unlawful actions and maintain a fair rental relationship.

#6: Security Deposits Must Be Returned in a Timely and Lawful Manner

A close-up of a rental agreement document highlighting the section titled "Rent and Security Deposit," with a pen pointing to the text.

Tenant’s security deposit must be returned within 30 days after the lease termination. If any portion of the deposit is withheld, the landlord is required to provide a detailed written notice explaining the deductions. This ensures transparency and prevents disputes between landlords and tenants over rental property conditions.

Landlords can only deduct funds for specific reasons, such as unpaid rent or damages that exceed normal wear and tear. Routine issues like minor scuff marks or faded paint do not justify withholding the tenant’s security deposit. However, deductions for significant damage—such as broken appliances, holes in walls, or missing fixtures—are permitted under Louisiana landlord-tenant laws.

If a landlord fails to return the deposit or provide a written explanation, the tenant may take legal action. Louisiana law allows tenants to recover not only the wrongfully withheld deposit but also additional damages if the landlord is found to be in violation.

To avoid legal repercussions, landlords should handle security deposits fairly and within the required timeframe.

#7: A Landlord Must Provide Prior Notice Before Entering the Property

In Louisiana, landlords can’t just walk into a tenant’s rental unit whenever they want—they’re required to give proper notice unless there’s an emergency. While state law doesn’t set a specific notice period, the standard practice is at least 24 hours’ notice before entering for repairs, maintenance, or inspections. This gives tenants time to prepare and ensures their privacy rights are respected.

Emergency situations—such as a fire, flooding, or gas leak—are the only exceptions where a landlord may enter without notice. However, outside of emergencies, entering without prior consent can be considered a violation of tenant rights and may result in legal disputes.

If a landlord fails to provide proper notice before entering the rented property, tenants have the right to challenge the intrusion. Maintaining clear communication and following Louisiana landlord-tenant laws helps prevent conflicts and fosters a respectful rental relationship between both parties.

Landlords in Louisiana cannot arbitrarily change lease terms once a lease is in effect. This means they cannot raise rent, add new fees, or modify lease terms mid-agreement without the tenant’s consent. If a landlord attempts to enforce unexpected financial changes, tenants may have grounds to challenge them under Louisiana landlord-tenant laws.

While Louisiana does not have rent control laws, landlords must provide proper notice before increasing rent at lease renewal. The notice should clearly state the new rent amount, effective date, and reason for the increase.

In some cases, landlords may be required to justify the increase, such as citing higher maintenance costs or necessary property improvements. However, they cannot impose rent hikes in a discriminatory manner—increases must be applied equally across all tenants without bias.

Additionally, late fees and other charges must be reasonable and disclosed upfront in the lease agreement. Landlords cannot impose excessive penalties or introduce undisclosed fees after the lease has been signed.

Failure to follow these financial regulations may lead to legal repercussions, making it essential for landlords to comply with Louisiana law while ensuring fair and transparent financial dealings with tenants.

Conclusion

Understanding landlord limitations and tenant rights in Louisiana is essential for maintaining a fair and harmonious rental relationship. Key protections include a tenant’s right to fair housing, habitability, proper notice, and protection against unfair eviction or financial changes.

Landlords are required to follow legal processes, ensure reasonable financial practices, and respect tenants’ privacy and rights under Louisiana landlord-tenant laws.

Getting to know these laws helps both landlords and tenants steer clear of legal problems and makes the rental process run a lot more smoothly. Written rental agreements should be preferred over oral ones.

For landlords, especially those dealing with active-duty service members, it’s important to verify military status before taking certain legal actions. Visit SCRACVS to verify active duty status and ensure compliance with the Servicemembers Civil Relief Act (SCRA).

FAQs

What are my rights as a renter in Louisiana?

Renters have the right to a habitable living environment, proper notice before eviction, and protection from retaliation or discrimination. They can also request repairs and receive their security deposit back within 30 days of lease termination.

What are the housing code violations in Louisiana?

Common violations include lack of plumbing, heating, or electricity, pest infestations, and failure to address mold or structural hazards.

Can a landlord change the terms of a lease during the lease period?

No, landlords cannot change lease terms mid-term without tenant consent, including rent increases or additional fees.

What can a landlord do if a tenant abandons a property?

The landlord must follow legal eviction procedures and may deduct unpaid rent or damages from the tenant’s security deposit.

Is a landlord allowed to evict a tenant for complaining about necessary repairs?

No, Louisiana courts recognize retaliatory evictions as an abuse of rights, and tenants can use this as a legal defense if evicted unfairly.

Attorney Roy Kaufmann serves as the Director of the Servicemembers Civil Relief Act Centralized Verification Service, located in Washington, D.C. As a recognized authority on the Servicemembers Civil Relief Act, Mr. Kaufmann has published hundreds of articles and hosted many webinars. His teachings help law firms and businesses to remain compliant with the SCRA rules and regulations so as to avoid costly fines.