Louisiana Security Deposit Deductions: Defaults, Unreasonable Wear and the Itemized Statement
Louisiana allows a lessor to keep only what is reasonably necessary to remedy a default or unreasonable wear, and requires an itemized statement with the reasons. Here is what that means in practice.
What can a Louisiana lessor keep a deposit for?
Only what is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises (La. R.S. 9:3251(A)). A default usually means unpaid rent or another breach of the lease; unreasonable wear means damage beyond ordinary use. The statute gives no list of items, so the lease and the facts decide. The deposit deadline calculator shows when the statement is due.
What must the statement say?
It must be an itemized statement accounting for the proceeds which are retained and giving the reasons. A lump sum with no detail does not account for anything. List each item, what was done, its cost and why it is a default or unreasonable wear, and send it to the forwarding address the tenant gave.
Is ordinary wear chargeable?
No. The statute speaks of unreasonable wear, which implies that reasonable, ordinary wear is not. Faded paint and worn carpet from normal use are the kind of wear that comes with living in a home; holes, burns and broken fixtures are damage. Photographs from move-in and move-out decide most disputes.
Who has to prove a deduction?
The statute does not assign a burden, but in a dispute the lessor is the one keeping the money, so it should be ready to show the lease term, the condition at move-in and the cost. Dated photographs, repair invoices and the statement itself are the evidence a court looks at first.
What about last month’s rent and advance payments?
The statute covers any advance or deposit of money furnished to secure performance of the lease. Money that is truly rent for a stated month is not a deposit; ask for a receipt that says which is which, and keep it with the lease.
What if the tenant disagrees?
Tell the lessor in writing which items you dispute and why, with photographs, and send a written demand for the refund. If it does not pay within 30 days, see the Louisiana demand and penalty rules.
A worked example
A tenant leaves a unit with a $1,200 deposit. The lessor sends a statement that lists $450 for repainting a bedroom the tenant covered in dark paint, $120 for a broken closet door and $80 for unpaid utilities the lease made the tenant’s responsibility, with invoices, and returns the balance of $550. Each item is tied to a default or to unreasonable wear and is explained, so the statement accounts for the money kept. A statement that said only “damages: $650” would not.
A checklist for lessors
Inspect with the tenant present if you can; photograph the unit at move-in and move-out; keep estimates, invoices and receipts; limit deductions to defaults and unreasonable wear; write the reasons next to each amount; and send the statement and the balance to the forwarding address on time.
A checklist for tenants
Compare each charge with your photographs and the lease; ask for the invoices; tell the lessor in writing which items you dispute and why; send a written demand for the refund; and keep copies of everything, including the envelope the statement came in.
Where to get help
Legal aid, the clerk of court in your parish and a licensed Louisiana attorney can explain the forms in your court. Bring the lease, the statement and your photographs.
Keep the proof
Keep dated photographs, invoices and the statement itself with the lease and the receipt for the deposit; they are the evidence a court looks at first. A tenant should also keep the written demand and proof of when it was sent.
Frequently asked questions
What can a Louisiana lessor deduct from a deposit?
What is reasonably necessary to remedy a default or unreasonable wear.
Does the lessor have to itemize?
Yes, with the reasons, within the statutory time.
Can a lessor charge for normal wear and tear?
The statute allows only unreasonable wear.
Is there a list of allowed deductions?
No. The lease and the facts decide.
Is advance rent a deposit?
Only if it is furnished to secure performance of the lease.
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.