Louisiana: Security Deposit Return Deadlines & Deductions
The short answer
A Louisiana landlord has one month after the lease terminates to return your deposit or send an itemized statement of what's being kept. Louisiana doesn't cap how much a landlord can charge as a deposit or require interest on it. A landlord can keep money only to cover a default on your part or to remedy 'unreasonable wear' to the unit — Louisiana's own phrase for what other states call damage beyond normal wear and tear. If the landlord willfully fails to comply, you can recover the wrongfully retained amount plus the greater of $300 or double that amount, and a court can add attorney's fees and costs. Notably, simply not paying within 30 days of your written demand automatically counts as 'willful' — you don't have to prove intent separately.
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This is the general rule in Louisiana. Ezel applies current Louisiana law to your specific facts and answers with citations to the statutes.
| Governing law | La. R.S. § 9:3251 (return and itemization), § 9:3252 (penalty for willful noncompliance), § 9:3253 (costs and attorney's fees) |
|---|---|
| Deadline to return the deposit | 1 month after the lease terminates — the statute's own trigger is termination of the lease, not a separately-timed 'delivery of possession' step |
| Itemized statement required? | Yes — if any portion is retained, a written itemized statement of the amount retained and the reasons, within the same 1-month period; the tenant must furnish the landlord a forwarding address |
| What can be deducted | Amounts reasonably necessary to remedy a default by the tenant, or to remedy 'unreasonable wear' to the premises — Louisiana's own civil-law phrasing for what other states call damage beyond normal wear and tear |
| Maximum deposit amount | No statutory cap |
| Interest on the deposit? | No state-mandated interest |
| Penalty for a late/bad-faith withholding | A 'willful failure' to comply lets the tenant recover the wrongfully retained portion of the deposit, plus the greater of $300 or twice the wrongfully retained amount, with costs and attorney's fees left to the court's discretion. Failing to remit within 30 days after the tenant's written demand for a refund automatically counts as willful failure — no separate proof of intent required. |
| Separate account or bond required? | No segregated account or bond required |
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Requirements one by one
Governing law
Louisiana's rule is spread across three short, sequential sections of the Revised Statutes' "Lessee's Deposit" part: § 9:3251 (the return and itemization duty), § 9:3252 (the penalty for willful noncompliance), and § 9:3253 (costs and attorney's fees).
Deadline to return the deposit
The deposit "shall be returned to the tenant or lessee... within one month after the lease shall terminate." That's the statute's only trigger — lease termination — not a separately timed step tied to when you hand back keys or possession.
Itemized statement required?
Yes, whenever any portion is retained. § 9:3251(A) requires the landlord to "forward to the tenant or lessee, within one month after the date the tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor." You're required to furnish the landlord a forwarding address at the lease's end so that statement has somewhere to go.
What can be deducted
Only two things: amounts "reasonably necessary to remedy a default of the tenant," or amounts needed "to remedy unreasonable wear to the premises." That second phrase is Louisiana's own civil-law framing of the same idea most states express as "damage beyond normal wear and tear" — the deposit can be tapped for wear that's unreasonable, meaning ordinary, expected wear isn't fair game. One exception limits the whole return duty: if you abandon the premises without giving required notice, or before the lease term ends, § 9:3251(C) says the one-month return rule doesn't apply at all.
Maximum deposit amount
None. Louisiana's statute doesn't cap the deposit amount.
Interest on the deposit?
No. Nothing in §§ 9:3251-9:3253 requires a landlord to pay interest on a held deposit — despite what a few secondary guides claim, there's no such language in the statute.
Penalty for a late/bad-faith withholding
A "willful failure to comply" with § 9:3251 lets you recover the wrongfully retained portion of your deposit plus "three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater." The genuinely useful part is how "willful" gets defined: "Failure to remit within thirty days after written demand for a refund shall constitute willful failure." In practice, that means sending a clear written demand and waiting 30 days is enough to establish willfulness on its own — you don't need separate evidence of the landlord's bad intent. On top of that, § 9:3253 lets a court award costs and attorney's fees to the prevailing party, at its discretion.
Separate account or bond required?
No. Louisiana doesn't require a segregated account, an interest-bearing account, or a bond for a held deposit.
What trips people up
A written demand letter isn't just good practice here — it's how you prove "willfulness." Since failing to remit within 30 days of a written demand automatically counts as willful failure under § 9:3252(A), sending that demand (and keeping proof you sent it) is the single most useful step toward the $300/2x penalty.
The statute says "unreasonable wear," not the more familiar "normal wear and tear." The practical effect lands in the same place — ordinary use isn't chargeable — but if you're reading the text yourself, don't expect to find the common-law phrase.
Abandoning the unit without proper notice can forfeit your protection under this statute entirely. § 9:3251(C) carves out abandonment cases (no required notice given, or leaving before the lease term ends) from the one-month return duty altogether.
Common questions
Do I need to give my landlord a forwarding address? Yes — the statute requires you to furnish one at the lease's termination so the landlord has somewhere to send the itemized statement or deposit.
What if my landlord ignores my deposit entirely and never responds? Send a written demand for a refund. If 30 days pass with no payment, that failure is automatically "willful" under § 9:3252(A), unlocking the wrongfully-retained amount plus the greater of $300 or double that amount.
Can I recover my attorney's fees if I have to sue? Possibly — § 9:3253 lets the court award costs and attorney's fees to the prevailing party, but it's discretionary, not automatic.
Statutes and sources
- La. R.S. § 9:3251(A) — 1-month return/itemization deadline and permitted retention grounds.
https://www.legis.la.gov/legis/Law.aspx?d=107468 (accessed 2026-07-06) - La. R.S. § 9:3251(C) — abandonment exception to the return duty.
https://www.legis.la.gov/legis/Law.aspx?d=107468 (accessed 2026-07-06) - La. R.S. § 9:3252(A) — $300/2x penalty and the 30-day-demand definition of "willful failure."
https://www.legis.la.gov/legis/Law.aspx?d=107469 (accessed 2026-07-06) - La. R.S. § 9:3253 — discretionary costs and attorney's fees.
https://www.legis.la.gov/legis/Law.aspx?d=107470 (accessed 2026-07-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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