Louisiana Rental Lease Agreements
The Louisiana Rental Lease Agreements establish a legal relationship complete with obligations that must be upheld between a lessor and lessee. Each contract should encompass a number of fundamental provisions relating to landlord-tenant relationships, such as:
- Utilities and Services;
- Rent Amount ($);
- Maximum number of guests;
- Furnishings; and
All lease agreements should be made in writing to ensure the rights of both parties are protected and upheld.
What is a Louisiana Lease Agreement?
A Louisiana Lease Agreement sets forth the rights and responsibilities of landlords and tenants. Both parties should understand what each provision entails as they will become legally accountable to uphold them after signing the contract. A complimentary document landlords should consider using is a rental application form. By using it, landlords can get a clearer idea of who their potential tenants are.
State Definition (CC 2668) “Lease is a synallagmatic contract by which one party, the lessor, binds himself to give to the other party, the lessee, the use and enjoyment of a thing for a term in exchange for a rent that the lessee binds himself to pay.”
Types of Agreements
College Roommate Agreement – This document is recommended to support college roommates to enjoy their living arrangement in their shared dorm.
Commercial Lease Agreement – Landlords will use this document when they wish to rent a commercial property to a business.
Lease to Own Agreement – A contract that provides legal grounding for a tenant to purchase the property they lease from a landlord.
Month-to-Month Lease – Outlines precise obligations that a landlord and tenant entering into a lease on a month-to-month basis must uphold.
Roommate Agreement – An agreement created between roommates that has some legally-binding obligations all parties must ensure they fulfill.
Standard Residential Lease Agreement – In line with Louisiana state law, this document establishes conditions for a property to be leased in the state.
Sublease Agreement – A contract with the purpose of outlining the legal considerations related to the subleasing of a rental property by an original tenant to a new tenant.
When is Rent Due?
In line with CC 2703, unless there is a prior agreement to the contrary, rent is due at the beginning of the term. In cases where the rent is payable by intervals shorter than the term, the rent is due at the start of each interval. Louisiana does not have any specific state laws related to grace periods.
Emergency: On the matter of emergency access, Louisiana state law is silent. Federal law, however, provides for landlords to enter a rental dwelling without consent of the tenant in emergency situations.
Non-Emergency: Louisiana state law is also silent on the matter of non-emergency landlord access. However, it is advisable landlords provide at least twenty-four (24) hours notice prior to entry and only enter during reasonable times—that is, Monday to Friday between 9 a.m. and 6 p.m.
- Foreclosure Disclosure (§3260.1.): Landlords must disclose in writing any pending foreclosure action to which the rental property is subject.
- Lead Paint Disclosure: Landlords who wish to rent a dwelling that was constructed before 1978 must disclose any known lead paint hazards to tenants. They additionally are required to provide a government-issued pamphlet about these hazards.
Security Deposit Laws
Maximum: There is no maximum security deposit amount set forth by Louisiana state law.
Returning to Tenant (Revised Statute 9:3251): Landlords must return security deposits to tenants one (1) month after the termination of the lease. Landlords may retain any portion of the deposit “which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises.” In the case that part or all of the deposit is retained, the landlord must forward to the tenant, within one (1) month after the termination of the lease, an itemized statement of the amounts being retained and the reasons for doing so.