How do I get my security deposit back in Louisiana if my landlord is withholding it?
Under Louisiana law, a landlord must return a residential security deposit or an itemized statement explaining any lawful deductions within one month after the lease ends. If a landlord willfully keeps all or part of the deposit in violation of that requirement, the tenant may be able to recover the wrongfully retained amount plus statutory damages. Courts may also award costs and attorney fees in actions under the Lessee's Deposit Act.
If the landlord sold the property during the lease, the security deposit should have been transferred to the buyer, who becomes responsible for returning it at lease end. A written demand for refund and following the statutory timeline are commonly important steps before filing a claim in court.
Current Louisiana law
Every answer cites the statute
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The deadline that matters
Landlord must return the deposit and any itemized statement within one month after the lease terminates; willful failure also arises if the landlord does not remit within 30 days after a written demand for refund.
What Louisiana law says
The Lessee's Deposit Act requires return of deposits and an itemized statement within one month after tenancy ends under La. Rev. Stat. § 9:3251. Willful failure to comply gives the tenant a right to recover the wrongfully retained portion and statutory damages under La. Rev. Stat. § 9:3252. In an action under that statute, the court may in its discretion award costs and attorney's fees to the prevailing party under La. Rev. Stat. § 9:3253. The Lessee's Deposit Act also addresses transfer of a deposit when the lessor conveys the property in La. Rev. Stat. § 9:3251.
What to do
A common first step is to send a written demand for the deposit and any itemized statement, keeping a copy for records.
Many people gather move-in and move-out photos, receipts for repairs, and the lease to document condition and charges.
Some tenants attempt informal negotiation or mediation with the landlord to resolve the dispute before filing in court.
A common next step is preparing a small-claims or district court filing under the Lessee's Deposit Act if the landlord does not comply.
Some people consider asking whether costs and attorney fees may be recoverable under the statute when deciding how to proceed.
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Common questions
When must a landlord give an itemized statement of deductions?
The landlord must forward an itemized statement accounting for retained proceeds and reasons within one month after the tenancy terminates, per La. Rev. Stat. § 9:3251.
What damages can a tenant recover if the landlord wrongfully keeps the deposit?
Under La. Rev. Stat. § 9:3252, willful failure to comply can allow recovery of the wrongfully retained portion plus statutory damages (three hundred dollars or twice the retained portion, whichever is greater).
Where can a tenant sue to recover a withheld deposit?
An action may be brought in the parish of the lessor's domicile or where the property is located, under La. Rev. Stat. § 9:3252.
Can a landlord keep a deposit to cover unpaid rent or damages?
The landlord may retain any portion reasonably necessary to remedy tenant default or unreasonable wear to the premises; the statute requires an itemized statement for retained amounts, per La. Rev. Stat. § 9:3251.
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This page provides legal information about Louisiana law and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.