Contact Us for a Free Consultation 504-828-3313


My Landlord Ate My Security Deposit

Posted by Megan Kiefer | Aug 03, 2018 | 0 Comments

The most frequently asked questions we get regarding residential leases undoubtedly center around the return of a renter's security deposit.

In Louisiana, the rules and mechanics governing the return of a lessee's security deposit is governed by the aptly named Lessee's Deposit Act. See  La. R.S. 9:3251-3254. Broadly stated, a landlord/lessor must return your security deposit to you within one month after the lease ends. In order to accomplish that, the law requires that you must also leave your landlord an address where they can forward the check. 

That does not mean that your landlord is required to return your entire deposit. Your landlord/lessor may retain any portion of your deposit reasonably necessary to remedy any default/breach of the lease and/or to fix any unreasonable damage or wear to the property. If your landlord does retain any portion of your deposit for damages, they must send you a written itemized statement explaining the amounts they are withholding and why, and returning the remainder of your deposit within thirty days.

If your landlord does not return your deposit or give you itemization of why they are not returning your deposit within thirty days, the law provides that you may be able to recover damages or a penalty, which would require instituting some type of legal claim.  See  La. R.S. 9:3252.

A far better outcome though, is avoiding the need to even seek judicial intervention. Common sense, and a little foresight can  go a long ways in getting you your security deposit back. Make sure you complete a walk through upon moving in, take pictures, document any damages or non-working items, and let your landlord know about  any damage or problems writing. Similarly, when you move out, make sure to take pictures and videos of the property, showing that you left the property clean and damage free.

- Chris M. Short is an associate at Kiefer & Kiefer.  

This is provided for informational purposes only and not for the purpose of providing legal advice.

About the Author

Megan Kiefer

Megan Kiefer is a partner at Kiefer & Kiefer. She is a trial attorney who specializes in personal injury, insurance defense, and appellate work and who has a proven track record in and out of court. Megan has experience as lead counsel in jury trials, judge trials, and mediations, as well as exte...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment


We are happy to provide you with a free consultation on your case.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Kiefer & Kiefer via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.