Sue for Security Deposit in Louisiana Small Claims Court

The One-Month Rule Under the Lessee's Deposit Act

Louisiana's Lessee's Deposit Act (La. R.S. 9:3251–3252) requires the landlord to return the deposit within one month after the lease ends. If any portion is retained, the itemized statement is due within one month or, under Act 63 of 2026 (effective August 1, 2026), within 15 days after that one-month date. You must furnish a forwarding address at lease termination so the statement can be sent to you.

If, after a written demand, the landlord fails to remit within 30 days, the failure is treated as willful under La. R.S. 9:3252. You can recover the wrongfully retained amount plus a statutory penalty of $300 or twice the amount retained, whichever is greater. On a $1,200 deposit wrongfully withheld, that's up to $2,400 in penalties on top of the deposit itself.

Step 1: Leave a Forwarding Address

The one-month return deadline starts when the lease terminates. Furnish your forwarding address at that time so the landlord can send any itemized statement; keep proof of when you provided it.

Step 2: Send a Written Demand After the Applicable Deadline

After the one-month return deadline, send a formal written demand for any deposit amount you believe is still owed. Certified mail with return receipt is a useful way to document the demand, but the statute does not require that delivery method. If an amount was retained, remember that Act 63 allows up to 15 additional days after the one-month date for the itemized statement. The letter should:

• State which applicable return or accounting deadline has passed and what remains unpaid or unaccounted for
• Demand return of the full deposit (or the wrongfully retained portion)
• Reference La. R.S. 9:3251 and 9:3252 explicitly
• Give the landlord 30 days after the written demand to remit the refund

This demand isn't optional — it's the statutory trigger for the penalty. Skip it and you can still recover the deposit, but you lose the statutory penalty.

Keep the certified mail receipt and the green return card as evidence of the demand and its mailing or delivery.

Step 3: Calculate Your Damages

Your claim has two components:

• Principal: the deposit amount (or the portion wrongfully retained)
• Statutory penalty: $300 or 2x the wrongfully retained amount, whichever is greater

Both fit within the $5,000 small claims ceiling because the penalty is excluded from the jurisdictional calculation under La. R.S. 13:5202. So even if your deposit is $2,500 and the penalty is $5,000, the jurisdictional amount is only $2,500.

Step 4: Choose Your Court and File

Venue for security deposit cases is the parish where the rental property is located or where the landlord is domiciled (La. R.S. 9:3252(B)). If you're in an urban area, the City Court Small Claims Division is the fastest route — $35 filing fee, informal proceedings, no lawyer required. In rural parishes, file with the Justice of the Peace for the ward.

The City Court Small Claims Division waives your right to appeal under La. R.S. 13:5209. If your evidence is strong (you have the lease, the forwarding address proof, the certified demand letter, and the green card), the informal process works in your favor. If there's any ambiguity, the JP Court preserves your right to a de novo appeal.

Step 5: Build Your Evidence

Bring to the hearing:

• A copy of the lease agreement showing the deposit amount
• Proof you left the property in good condition (move-in and move-out photos, dated)
• Proof you provided a forwarding address
• Your certified demand letter and the signed green return card
• Rent payment receipts or bank statements showing the deposit was paid
• Any communication with the landlord about the deposit

Organize everything chronologically. For leases ending on or after August 1, 2026, Act 63 allows a landlord who retains any portion of the deposit up to 15 extra days after the one-month deadline to send the itemized statement.

What If the Landlord Claims Deductions?

The landlord may retain only an amount reasonably necessary to remedy a tenant default or unreasonable wear. If any portion is retained, the itemized statement is due within one month after lease termination or, under Act 63 of 2026, within 15 days after that one-month date. If you disagree with the listed deductions, bring your photos and estimates to support your position.

If the landlord did provide a statement but you disagree with the deductions, your small claims case turns on whether the claimed damages are real (bring your own photos and estimates) and whether they exceed normal wear and tear.

For a complete walkthrough with a demand letter worksheet, deadline tracker, and evidence checklist, our Louisiana small claims filing guide covers the entire deposit recovery process.

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