Tenant screening and landlord-tenant law in louisiana

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Tenant tenant screening

Tenant screening generally means reviewing a prospective renter's credit, criminal, and rental history to help decide whether to approve an application. In Louisiana, this process is generally governed by the federal Fair Credit Reporting Act (FCRA) — Louisiana has no Louisiana-specific consumer-reporting or tenant-screening statute layered on top of FCRA. Louisiana also does not use a single comprehensive "landlord-tenant act" the way some states do; leases are generally governed by the Louisiana Civil Code plus scattered provisions in Title 9 of the Revised Statutes. Double-check local rules for the specific parish or city where the property sits.

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How to screen a tenant in Louisiana

  • Get the applicant's written authorization and order the report through an FCRA-compliant screening provider. Louisiana has no statewide additional consent or disclosure requirements before pulling a report.
  • Apply consistent, written screening criteria, since Louisiana's fair housing law protects a somewhat broader list of characteristics than the federal Fair Housing Act (see below).
  • Evaluate criminal history using a documented, individualized process. No Louisiana statute makes criminal history a protected class.
  • Confirm the security deposit amount and terms in writing, since Louisiana does not cap deposit amounts but does impose a specific return timeline (below).
  • Send any adverse action notice required by FCRA §615 if you deny an application, charge a higher deposit, or require a co-signer based on the report.
  • Confirm parish- or city-specific rules, particularly in New Orleans, where local fair housing advocacy has pushed for additional tenant protections.

Screening rules to follow in Louisiana

Screening fees

Louisiana has no statewide statute capping tenant screening or rental application fees. Confirm any parish/city fee cap against current local law before setting a fee.

Criminal history

Louisiana's Open Housing Act, La. R.S. 51:2606, lists race, color, religion, sex, familial status, national origin, military status, disability, and "natural, protective, or cultural hairstyle" as protected characteristics in housing — a notably broader list than the federal Fair Housing Act's classes because of the hairstyle protection (added 2022, amended 2025), but it does not include criminal history. Louisiana has no consumer-reporting statute analogous to some other states' limits on reporting non-conviction criminal charges. Federal disparate-impact guidance on criminal-history screening under the Fair Housing Act may also apply, as recognized in Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project (2015).

Source of income

Source of income is not listed as a protected class under La. R.S. 51:2606, and Louisiana has no statewide law protecting housing voucher holders from denial. A 2021 Louisiana Fair Housing Action Center report recommended that New Orleans consider adopting a source-of-income discrimination ordinance. Landlords should confirm with New Orleans or any other Louisiana city whether a local source-of-income ordinance has since been adopted.

FCRA and adverse action

Louisiana has no specific addition to FCRA's adverse action requirements. The federal baseline generally applies: if you deny an application or offer different terms based on a consumer report, FCRA §615 generally requires notifying the applicant, naming the reporting agency, and explaining their dispute rights.

Landlord obligations beyond screening

Security deposits

Under La. R.S. 9:3251, a security deposit generally must be returned within one month after the lease terminates, minus any amount reasonably needed to cover unpaid rent or unreasonable wear; if any portion is withheld, the landlord generally must send an itemized statement within that same one-month window. This one-month deadline does not apply if the tenant abandons the premises without proper notice or before the lease ends. Louisiana does not cap the deposit amount itself. Under La. R.S. 9:3252, a landlord's willful failure to comply lets the tenant recover the wrongfully withheld amount plus $300 or twice the wrongfully withheld amount, whichever is greater; failing to remit within 30 days of a written demand counts as willful failure.

Rent and eviction rules

Louisiana does not have a statewide rent-control law. No specific statute expressly preempting local rent control has been identified, so landlords in parishes and cities such as New Orleans, Baton Rouge, and Shreveport should confirm whether any local rent-control ordinances are in effect. For evictions, Louisiana generally requires a landlord to serve a written notice to vacate before filing an eviction suit, under the Louisiana Code of Civil Procedure's eviction articles (commonly cited beginning at Article 4701). The exact statutory notice period must be confirmed against the current text of the relevant articles.

Rules that vary by city

New Orleans may have its own source-of-income or criminal-history housing ordinance; confirm current city code before finalizing a screening policy. A 2021 Louisiana Fair Housing Action Center report recommended the city adopt source-of-income protections, which may indicate none existed at that time; confirm current status. Baton Rouge and Shreveport may have tenant-screening-specific ordinances; confirm current city code before finalizing a screening policy. Louisiana uses parishes rather than counties, and unincorporated parish areas outside city limits are generally governed by parish (police jury or parish council) government rather than a separate "unincorporated county" regime — a different structure than California's, so a landlord operating outside any city limits should check parish-level rules rather than assuming a county equivalent applies.

Frequently asked questions

Does Louisiana cap security deposit amounts? No. Louisiana law sets a return timeline and itemization requirement (generally within one month of lease termination) but does not cap how much a landlord can charge as a deposit.

Is source of income a protected class in Louisiana? Not under state law. Louisiana's Open Housing Act does not list source of income among protected characteristics. Landlords should confirm whether any Louisiana city has enacted a local source-of-income ordinance.

What happens if a Louisiana landlord doesn't return a deposit on time? If the failure is willful, the tenant can generally recover the wrongfully withheld amount plus $300 or twice that amount, whichever is greater, and missing a 30-day response to a written demand counts as willful under Louisiana law.

Does Louisiana law protect natural or cultural hairstyles in housing decisions? Yes — Louisiana's Open Housing Act includes "natural, protective, or cultural hairstyle" as a protected characteristic, which is broader than the federal Fair Housing Act's list.

Start a Louisiana tenant screening with Checkr

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Disclaimer

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.