Landlord kept your deposit in Louisiana? Here's what to do.
Louisiana law is on your side: your landlord had 30 days under La. Rev. Stat. §§ 9:3251–9:3253 (Lessee's Deposit Act) to return your deposit or itemize deductions. The playbook below is how tenants actually get the money back — usually without a lawyer.
The four steps, in order
- 1
Pin down the deadline
Count 30 days from your move-out date. Damages under § 9:3252 attach on willful failure — and failure to remit within 30 days after the tenant's WRITTEN demand is deemed willful per se. If the deadline already passed with no refund and no itemized statement, write that date down — the missed deadline is often a stronger claim than arguing about any individual charge.
- 2
Gather your evidence
Lease, move-in/move-out photos or video, every message with the landlord, and the itemized statement if you got one. No photos? You are not out of luck — the landlord bears the burden of proving damage beyond normal wear and tear , and Louisiana has documentation rules working for you: No receipts requirement; itemized statement with reasons only.
- 3
Send a certified-mail demand letter
A formal letter citing La. Rev. Stat. §§ 9:3251–9:3253 (Lessee's Deposit Act), disputing improper charges line by line, and giving a 14-day deadline resolves most cases — landlords settle when they see you know the statute. For willful failure the tenant recovers the wrongfully retained portion PLUS the greater of $300 or twice the amount wrongfully retained (§ 9:3252, as amended 2019). Costs and attorney fees at the court's discretion to the prevailing party (§ 9:3253, two-way). That exposure is your leverage: put it in the letter.
- 4
File in Justice of the Peace Court / City Court small claims (varies by parish)
If they ignore you, sue in Justice of the Peace Court / City Court small claims (varies by parish) — up to $5,000, filing fees around ~$35–$150 by parish, no lawyer needed. Bring a numbered evidence binder and a one-page damages summary; deposit cases are among the most tenant-friendly matters on the small-claims docket.
What's actually deductible — and what isn't
Ordinary wear and tear is never deductible: faded paint, small nail holes, carpet worn by normal use. Legitimate deductions are limited to damage beyond normal use, unpaid rent, and charges the statute allows. Flat cleaning fees without receipts, the landlord's own labor billed by the hour with no records, repainting after a multi-year tenancy, and re-renting costs are the charges tenants dispute — and win — most often.
Frequently asked questions
What should I do first if my landlord kept my deposit in Louisiana?
Check the statutory deadline. 'Within one month after the lease shall terminate' (§ 9:3251) — with any itemized retention statement due in the same one-month window. If the deadline has passed with no refund or itemized statement, that failure itself is often your strongest claim — document the date you moved out and everything you have received since.
Do I need a lawyer to get my deposit back in Louisiana?
Usually not. Most deposit disputes settle after a formal demand letter citing La. Rev. Stat. §§ 9:3251–9:3253 (Lessee's Deposit Act), and if not, Justice of the Peace Court / City Court small claims (varies by parish) (up to $5,000) is designed for self-represented tenants — filing fees run ~$35–$150 by parish.
What if I don't have move-in photos?
You can still win. The burden of proving damage beyond normal wear and tear is on the landlord, and procedural failures — a missed deadline, no itemized statement, no receipts — don't depend on photos. Gather your lease, messages, and any witnesses instead.
What can I recover if the landlord acted in bad faith in Louisiana?
For willful failure the tenant recovers the wrongfully retained portion PLUS the greater of $300 or twice the amount wrongfully retained (§ 9:3252, as amended 2019). Costs and attorney fees at the court's discretion to the prevailing party (§ 9:3253, two-way).
Turn this playbook into your case — in 20 minutes
Enter your dates, deposit, and the landlord's charges; get a charge-by-charge analysis against La. Rev. Stat. §§ 9:3251–9:3253 (Lessee's Deposit Act), a certified-mail-ready demand letter, an evidence pack, and dated next steps.
Build your case →