First Month, Last Month and Other Move-In Charges in Louisiana
Before you move in you may be asked for a deposit, the first and last month’s rent and fees. Here is how Louisiana treats each payment, why labels matter less than purpose and what to get in writing.
Is the first month’s rent a security deposit?
No. The statute covers money furnished to secure performance of the lease, and the first month’s rent is rent (La. R.S. 9:3251). Ask for a receipt that says which payment is which.
Can a lessor ask for the last month’s rent in advance?
The statute does not address it. A payment that the lease treats as security against your performance is an advance or deposit and follows the one-month return rule; a payment that is expressly rent for a stated month is a different thing. Get the purpose in writing and add any payment that secures the lease to the deposit total using the Louisiana security deposit limit calculator.
Can I use my deposit as the last month’s rent?
The statute does not say you can. A deposit secures the lease, and the lessor may keep what is reasonably necessary for a default, including unpaid rent. Do not skip a month of rent on the assumption that the deposit covers it; get a written agreement before you sign if you want it applied.
What about application and other fees?
The deposit statute does not address application, screening or administrative fees, so it does not limit them. Ask what a fee covers and whether any part is refundable, and keep the receipt. Money held against your performance of the lease is a deposit, however it is labeled.
What about late fees?
The deposit statute does not address late fees. Read the lease for the fee and the day it starts, and keep every notice. A late fee is not a reason to keep a deposit unless it is a default the lessor can show.
A pre-signing checklist
Ask for the total move-in cost in writing; ask what each line is for and which are refundable; get a receipt for each payment; photograph the home; and calendar one month from the day the lease ends.
How common up-front payments are treated
| Payment | Treatment | Result |
|---|---|---|
| First month’s rent | Rent | Outside the deposit statute |
| Security deposit | No cap; one-month return | Itemized statement with reasons |
| Pet deposit | Part of the deposit if it secures the lease | Same return rules |
| Last month in advance | Not addressed; ask for the purpose in writing | Depends on the lease |
| Application fee | Not addressed in the deposit statute | Ask for a receipt |
Why using the deposit as rent backfires
A tenant who skips the last month of rent expecting the deposit to cover it is in default, and the lessor may keep what is reasonably necessary to remedy that default. If you want the deposit applied to the last month, put the agreement in the lease, in writing, before you sign.
Keep every receipt
Ask for a written receipt for each payment, with what it is for, and keep it with the lease so you can show later what you paid and when. If the building is sold, the transferee is responsible for the deposit at the end of the lease, and your receipt is how you prove it.
If you are a small lessor
Check your lease form against three things before the next tenant signs: whether it states the amount and purpose of each payment, whether you will return the deposit and any statement within the statutory time and whether the lease says what happens to the last month’s rent.
Where to get help
Legal aid and the clerk of court can explain whether a charge is allowed. Bring the lease, every receipt and the lessor’s written request.
Frequently asked questions
Is the first month’s rent part of the deposit in Louisiana?
No. It is rent.
Can I use my deposit as my last month’s rent?
The statute does not say you can; get a written agreement.
Is there a cap on application fees in Louisiana?
The deposit statute does not address them.
When is the deposit due back?
Within one month after the lease terminates.
Where is the rule written?
In La. R.S. 9:3251.
Official sources
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Louisiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Louisiana attorney.