Tenant Screening in Louisiana
Legal rules, protected classes, and the screening protocol that actually predicts on-time rent
Legal rules, protected classes, and the screening protocol that actually predicts on-time rent
This guide outlines Louisiana tenant screening protocols. Focus: practical application for landlords managing 1-20 units. Understanding state-specific regulations is not optional. Missteps cost time and money. Louisiana's approach to landlord-tenant law has distinct characteristics. You need to know them.
The primary legal framework for residential leases in Louisiana is found in La. R.S. § 9:3251 et seq., known as the Louisiana Lease Law. This statute governs most aspects of the landlord-tenant relationship, including eviction procedures, security deposits, and notice requirements. Other laws, such as federal fair housing acts, also apply. But your baseline understanding starts with Louisiana-specific statutes.
One key distinction: Louisiana does not have a statewide "just cause" eviction requirement. This means, generally, you are not required to provide a specific, legally recognized reason to terminate a month-to-month tenancy, provided proper notice is given. This differs significantly from states with strong tenant protections that limit evictions to specific circumstances like lease violations or owner move-ins. For a Louisiana landlord, this offers more flexibility, but it does not mean you can ignore notice periods or fair housing laws.
Another crucial point is the absence of a statutory cap on security deposits. While many states limit security deposits to one or two months' rent, Louisiana law does not impose such a restriction. This gives landlords discretion. However, exercise caution. An excessively high security deposit can deter qualified applicants or be challenged as unreasonable in court, even without a specific cap. A common practice is to charge one to two months' rent as a security deposit, mirroring norms in states with caps. But the law allows more. For example, if you decide to charge a security deposit of $3,000 for a unit renting at $1,200 per month, that is legally permissible in terms of amount. However, such a high deposit might make your unit less competitive or raise questions about its reasonableness.
There isn't one single "regulator" overseeing all landlord-tenant interactions in Louisiana in the same way a public utility commission oversees utilities. Enforcement primarily occurs through the civil court system. If a tenant believes you violated their rights, they sue you. If you need to evict, you file in court. Local city or parish housing authorities may offer resources or mediate disputes, but they generally lack enforcement powers over private landlords.
Fair housing complaints, however, are different. These fall under the purview of federal agencies like the Department of Housing and Urban Development (HUD) and state-level commissions. In Louisiana, the Louisiana Commission on Human Rights investigates discrimination complaints related to housing. Ignoring fair housing laws is a serious error. Discrimination, even unintentional, can lead to costly legal battles, fines, and reputational damage.
Your screening protocol must be consistent, non-discriminatory, and documented. Consistency is your best defense against claims of discrimination. Apply the same criteria to every applicant. Period. Do not make exceptions for "good feelings" or "gut instincts."
Don't do this: Approve one applicant with a low credit score because you "liked them" during the showing, then deny another with a similar score because you "didn't get a good vibe."
Do this: Establish clear, written criteria for credit score, income-to-rent ratio, rental history, and criminal background. Apply these criteria uniformly. If your minimum credit score is 600, anyone below 600 is denied, regardless of how personable they are.
A common landlord mistake involves improper notice for evictions. For non-payment of rent, Louisiana requires a 5-day notice to vacate. This notice must be properly served. If the tenant does not pay or move out within those 5 days, you can then file an eviction lawsuit in court. You cannot change the locks, remove their belongings, or cut off utilities. Self-help eviction is illegal and carries significant penalties. Even if a tenant is clearly in violation, you must follow the legal process.
For terminating a month-to-month tenancy without cause, Louisiana requires a 30-day notice. Again, proper service is critical. This 30-day period gives the tenant time to find new housing. Do not serve a 15-day notice for a no-cause termination. It will be invalid, and you will have to restart the process, delaying your ability to regain possession of the property.
Regarding security deposits, while there's no cap, you must return the deposit within one month (30 days) of the tenant vacating or provide an itemized statement of deductions. Failure to do so can result in you owing the tenant the full deposit, plus potential damages and attorney fees. Keep meticulous records of property condition before and after tenancy, including photos or video, to justify any deductions.
As of recent legislative sessions (2024-2026), Louisiana lawmakers have shown intermittent interest in various aspects of landlord-tenant law, though no sweeping changes to the core eviction or security deposit statutes have yet been enacted. Discussions often revolve around increasing protections for victims of domestic violence in lease agreements, clarifying responsibilities for mold remediation, or adjusting notice periods in specific circumstances. While these haven't typically resulted in broad overhauls of La. R.S. § 9:3251 et seq., landlords should stay informed. Even minor amendments can impact your operations. For example, a bill clarifying landlord obligations regarding habitability issues could subtly shift the burden of proof in certain disputes. Always check for updates to the Louisiana Revised Statutes, particularly sections pertaining to leases, to ensure ongoing compliance.
Tenant screening in Louisiana requires attention to specific state laws and common pitfalls. This section provides practical guidance for landlords operating 1-20 units in the state.
The controlling statute for landlord-tenant relations is La. R.S. § 9:3251 et seq., known as the Louisiana Lease Law. Familiarity with this statute is not optional. It dictates the procedures for notices, evictions, and security deposit handling.
When reviewing eviction records, understand the Louisiana eviction process. An eviction filing does not always mean a tenant was removed. Look for judgments of possession. A tenant may have settled, paid, or moved out before the judgment. A dismissed eviction filing is less concerning than a completed one, but still indicates a past dispute.
Louisiana does not have statewide "just cause" eviction requirements. This means for month-to-month leases, you can terminate for any reason, provided you give proper notice. For fixed-term leases, you must prove a lease violation to evict prior to the lease end, or wait for the term to expire.
Non-payment notice: Louisiana requires a 5-day notice to vacate for non-payment of rent. This is a strict period. The five days start the day after the notice is delivered. Weekends and holidays count, unless the fifth day falls on a weekend or holiday, in which case the notice period extends to the next business day. Do not file for eviction on day five. You must wait until day six. Missing this can lead to dismissal of your eviction suit and wasted time and money.
No-cause notice (month-to-month): For month-to-month tenancies, you must provide a 30-day notice to vacate. This notice must be given at least 30 days before the end of the current rental period. For example, if rent is due on the first of the month, and you want the tenant out by the end of July, you must deliver the notice no later than June 30th. Delivering it on July 1st means the earliest the tenant must vacate is the end of August.
Louisiana has no statutory cap on security deposit amounts. You can charge what you deem appropriate. However, the law is very specific about returning deposits. You have one month (30 days) from the date the tenant vacates or the lease terminates, whichever is later, to return the deposit or provide an itemized statement of deductions. Fail to do this, and you risk a lawsuit for the full deposit plus damages, attorney fees, and court costs. Even if the tenant caused damage, if you miss the 30-day window, you could lose your right to keep any of the deposit. This is a common landlord mistake. Don't delay, do the inspection and documentation promptly.
One concrete example of a common landlord mistake: A landlord accepts a partial rent payment after issuing a 5-day notice to vacate for non-payment. This often nullifies the notice. If you accept any payment after the notice is issued, you generally have to re-issue a new notice. If you intend to accept partial payment but still proceed with eviction, you must have a clear, written agreement with the tenant stating the partial payment does not waive your right to evict. Without this, a judge will likely rule against you.
Parish-Specific Rules: While the core eviction process is statewide, specific parish courts may have minor procedural differences. For instance, some Justice of the Peace courts handle evictions differently than District Courts. Always confirm local court requirements, especially for filing fees and service of process. Filing fees for an eviction can range from around $100 to $200, varying by parish and court type. Attorney fees for an eviction can easily reach $500-$1,000 or more if contested.
Self-Help Eviction: This is illegal. Changing locks, shutting off utilities, or removing a tenant's belongings without a court order is a serious violation. It can result in significant penalties, including damages, attorney fees, and even criminal charges. Don't attempt self-help eviction, follow the judicial process.
Service of Notice: Proper service of notices is critical. Personal delivery is best, with a witness if possible. Certified mail, return receipt requested, is also acceptable. Simply taping a notice to the door without proof of mailing or personal delivery can be challenged in court.
As of recent legislative sessions (2024-2026), there has been ongoing discussion regarding tenant protections, particularly around security deposit handling and the eviction process. While no sweeping changes to the core notice periods or eviction types have been enacted, proposals often surface. These include stricter timelines for deposit returns, potential caps on late fees, or expanded tenant rights regarding repairs. Landlords should monitor legislative updates from organizations like the Louisiana Apartment Association or the Louisiana Legislature's website. Changes, when they occur, are typically published and become effective at specific dates. For instance, a bill might pass in one session and become effective on August 1st of the same year. Stay informed to avoid non-compliance.
Understanding these local notes will help you mitigate risk and ensure compliance when screening tenants and managing properties in Louisiana.
Louisiana forces you to publish your screening criteria before you are allowed to collect a dollar. Under La. R.S. 9:3258.1, added by Act 422 of 2021, no lessor may accept an application fee without first giving the applicant written notice of the fee amount; whether the lessor considers credit scores, employment history, criminal history, or eviction records; and the applicant's right to submit a statement of 200 words or less explaining financial hardship from a declared disaster. The notice must specifically reference the COVID-19 pandemic and hurricanes. La. R.S. 9:3258.1 (2021 La. Acts No. 422, eff. Aug. 1, 2021) Owner-occupied buildings of four units or fewer are exempt; a scattered-site portfolio is not.
The statute gives lessors immunity from private suits over violations, so skipping the notice draws an Attorney General consumer-protection complaint rather than damages. The indirect consequence is heavier. Once your criteria are in writing, every denial is measured against them. Rejecting an applicant on a factor you did not list, or waiving a listed factor for one applicant and not the next, is the mistake that turns a routine denial into a documented fair-housing inconsistency. Fix your factors, apply them to every file, and keep the hardship statements; post-Ida and post-Laura credit damage is what most of them describe.
Louisiana has no eviction sealing or expungement law, and a New Orleans sealing measure died on court-capacity objections. NLIHC ERASE Project (2025) A case dismissed at the first setting stays public permanently. Do not read that as confidence in your report. Evictions here are tried in city courts, parish courts, and justice of the peace courts, with no statewide docket index and parish-by-parish access. Eviction Lab counted 27,582 Louisiana filings in 2018 Eviction Lab, state_proprietary_2000_2018 (Gromis et al., PNAS 2022); Jane Place counted 6,012 in New Orleans alone in 2023 Jane Place Neighborhood Sustainability Initiative, Right to Counsel Evaluation Report 2023. National vendors do not reach every one of those courts. If the applicant's prior address sits in a parish your vendor does not cover, pull that court's own index before you trust a clean report.
No Louisiana statute or municipal ordinance bars refusing a Housing Choice Voucher, and HUD counted 50,827 voucher households in the state as of December 31, 2024. HUD Picture of Subsidized Households, 2024 state extract In Orleans Parish, only 12 percent of housing providers accepted a voucher applicant without added fees or conditions; 40 percent refused outright and 20 percent attached extra requirements. Louisiana Fair Housing Action Center and Enterprise, The Mobility Myth (2024) Louisiana caps neither the security deposit nor late fees La. R.S. 9:3251, so the "extra conditions" route is available to you and is also the version a tester can prove. Where the local voucher pool is overwhelmingly one race, a blanket no-voucher policy is a disparate-impact claim, source-of-income law or not.
| Fair housing enforcement agency | Louisiana Attorney General, Consumer Protection | |
| Source-of-income protected? | Not at state level (local ordinances may apply) | La. R.S. § 9:3251 et seq. (Louisiana Lease Law) |
| Federal Fair Housing Act | Applies in every state, prohibits discrimination on race, color, national origin, religion, sex, familial status, disability. | |
Works in every state. Focuses on factors that actually predict on-time rent payment, not on surrogates that create legal exposure.
Pay stubs, tax returns, or bank statements, not just a self-reported number. Voucher income counts at face value.
Call two landlords back, not just the current one (incentive to give a glowing review to get them out).
Write down your criteria before you list the unit. Score every applicant the same way. Keep records for 2+ years.
A 620 FICO with 5 years of on-time rent beats a 720 FICO with a recent eviction. Look at the full picture.
Required under the federal FCRA whenever a consumer report contributes. Protects you legally and builds goodwill.
Depends on the parish. Louisiana has no statewide source-of-income protection. New Orleans has a Fair Housing Ordinance (effective 2023) with source-of-income protection. Other Louisiana parishes (Baton Rouge, Shreveport, Lafayette) have no local source-of-income protection. Categorical Section 8 refusal is legal outside New Orleans.
No statutory cap. Typical fees $40 to $80 per applicant.
Yes, subject to HUD disparate-impact guidance. Louisiana has no statewide ban-the-box housing rule.
Any ratio, applied uniformly. Typical 2.5x to 3x. For New Orleans voucher applicants under the 2023 ordinance, calculate against tenant share of rent (typically 30% of voucher income), not the total rent.
Indirectly. Louisiana's Civil Law tradition (Civil Code Articles 2668-2729) governs the substantive lease relationship rather than the screening process directly. The lease can include provisions that would not be enforceable in URLTA states. Screening compliance is primarily federal Fair Housing-driven plus the New Orleans local ordinance where applicable.
Informational only, not legal advice. Consult a licensed Louisiana attorney. Source attribution in the Sources band below.