Shreveport, LA asked in Landlord - Tenant for Louisiana

Q: In Louisiana does a landlord forfeit the deposit if he goes past the 30 days? Did not break lease, was at will tenant.

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1 Lawyer Answer
Robert Martin Louque Jr
Robert Martin Louque Jr
  • Landlord Tenant Lawyer
  • New Orleans, LA
  • Licensed in Louisiana

A: Security deposits are the one of the biggest disputes between a former landlord and tenant. If a tenant complies with all the terms of the lease, especially the required notice when they are moving out, and delivered the leased premises back to the landlord in the same condition in which the tenant received it, then the former tenant is normally entitled to his security deposit back from the landlord.

The tenant has to send a written demand for his security deposit back and let the landlord know where to send it if the tenant wants to recover penalties and attorney's fees for failure to return the deposit. The landlord has 30 days after receiving the demand to either return the deposit or send the tenant an itemized list of itemized damages.

If you complied with the terms of the lease, sent written demand to the landlord as I described above, and it has been 30 days and you have heard nothing, then you are entitled to your security deposit back and, if you want to hire an attorney, you might be able to force your former landlord to pay your attorney fees, if you win.

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