Landlord & Tenant Law

For Landlords

• Drafting residential and commercial lease agreements that comply with Louisiana law
• Eviction proceedings in city and district court — including the rule for possession process
• Security deposit handling and return procedures
• Enforcement of lease provisions and collection of unpaid rent
• Navigating New Orleans and other municipal short-term rental regulations
• Habitability standards and landlord maintenance obligations

Louisiana Eviction Procedure

Louisiana's eviction procedure — officially called a "rule for possession" — is governed by Louisiana Code of Civil Procedure Articles 4701–4735. The process generally involves: (1) providing the tenant with a written notice to vacate (typically 5 days for nonpayment of rent, or the notice period specified in the lease); (2) filing a rule for possession in the appropriate court (city court for most residential cases, district court for others) if the tenant does not vacate; and (3) obtaining a judgment of eviction and, if necessary, requesting a writ of possession for the sheriff to remove the tenant. New Orleans has its own city court procedures and, historically, has had additional tenant protections that landlords must navigate carefully.

Security Deposits

Under La. R.S. 9:3251, landlords must return a tenant's security deposit within one month of the termination of the lease or the tenant's vacating of the premises (whichever is later). If any amount is withheld, the landlord must provide an itemized written statement of deductions. Failure to comply entitles the tenant to recover the full deposit, actual damages, and reasonable attorney's fees. Louisiana does not cap the amount of security deposits landlords may collect.

Commercial Leases

Commercial lease negotiations involve significantly more complexity than residential leases — including base rent and escalation clauses, CAM (common area maintenance) charges, tenant improvement allowances, permitted use restrictions, assignment and subletting rights, and termination provisions. Louisiana limits commercial lease terms to a maximum of 99 years. We represent both landlords and tenants in commercial lease negotiations and disputes.