PART IV. LESSEE'S DEPOSIT
§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate, except that the landlord or lessor may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion of an advance or deposit is retained by a landlord or lessor, he shall forward to the tenant or lessee, within one month after the date the tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor. The tenant shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent.
B. In the event of a transfer of the lessor's interest in the leased premises during the term of a lease, the transferor shall also transfer to his successor in interest the sum deposited as security for performance of the lease and the transferor shall then be relieved of further liability with respect to the security deposit. The transferee shall be responsible for the return of the lessee's deposit at the termination of the lease, as set forth in Subsection A of this Section.
C. Paragraph A of this Section shall not apply when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease.
Added by Acts 1972, No. 696, §1. Amended by Acts 1974, No. 697, §1; Acts 1981, No. 499 §1; Acts 1985, No. 578, §1.
Notes of Decisions
Cited in
35
cases (
3 in the last 5 years), 1974–2025 · leading case:
Webapps, LLC v. Murdock, 196 So. 3d 765 (La. Ct. App. 2016).
Webapps, LLC v. Murdock, 196 So. 3d 765 (La. Ct. App. 2016).
· cites it 9× “R.S. 9:3251, et seq. The trial court held that Webapps was entitled to a return of its deposit, $200 in damages pursuant to La.”
Hood v. Ashby P'ship, 446 So. 2d 1347 (La. Ct. App. 1984).
· cites it 10× “R.S. 9:3251 C. The Lessee's Deposit Act in Louisiana is contained within four provisions of the Revised Statutes.”
Altazin v. Pirello, 391 So. 2d 1267 (La. Ct. App. 1980).
· cites it 5× “[2-4] The purpose of LSA-R.S. 9:3251 et seq. is to provide tenants with a mechanism to recover rent deposits and to prevent the arbitrary withholding thereof.”
Woodery v. Smith, 527 So. 2d 389 (La. Ct. App. 1988).
· cites it 8× “R.S. 9:3251 et seq. After a trial on the merits, judgment was rendered denying return of the deposit, damages and attorney’s fees.”
Provosty v. Guss, 350 So. 2d 1239 (La. Ct. App. 1977).
· cites it 7× “The tenant filed *1241 suit for refund of a damage deposit plus damages and attorney’s fees due to the landlord’s alleged willful failure to comply with the requirements of LSA-R.S. 9:3251. Subsequently, the landlord filed a separate action for damages to the leased premises…”
Borne v. Wilander, 509 So. 2d 572 (La. Ct. App. 1987).
· cites it 5× “R.S. 9:3251, et seq. as authority in seeking the return of his security deposit.”
O'Brien v. Becker, 332 So. 2d 563 (La. Ct. App. 1976).
· cites it 6× “This is a suit for the return of a lessee’s deposit, filed pursuant to R.S. 9:3251 et seq. After trial on the merits judgment was rendered awarding return of the deposit, damages and attorney’s fees.”
Trapani v. Morgan, 426 So. 2d 285 (La. Ct. App. 1983).
· cites it 3× “LSA-R.S. 9:3251 reads as follows: § 3251.”
Mayeaux v. Christakis, 619 So. 2d 93 (La. Ct. App. 1993).
· cites it 6× “At trial, the only witnesses to testify were the plaintiff, Mr.”
Maxie v. Juban Lumber Co., 444 So. 2d 181 (La. Ct. App. 1983).
· cites it 4× “R.S. 9:3251 provides that a deposit of money by a lessee to secure the performance of any part of a lease shall be returned to the lessee within one month after the lease terminates with the exception that a lessor may retain all or any portion of the deposit reasonably…”
Curtis v. Katz, 349 So. 2d 362 (La. Ct. App. 1977).
“By letter dated April 14, defendant's attorney replied the deposit had been used to clean the apartment.”
Cantelli v. Tonti, 297 So. 2d 766 (La. Ct. App. 1974).
· cites it 3× “Plaintiffs appealed because the trial court did not award damages and attorney's fees authorized under the rent deposit return act of 1972 (R.S. 9:3251, et seq.). The only question posed for our consideration is whether this legislation, passed after the confection of the lease…”
La. Rev. Stat. § 9:3251(A): 7 cases
Borne v. Wilander, 509 So. 2d 572 (La. Ct. App. 1987).
“R.S. 9:3251, et seq. as authority in seeking the return of his security deposit.”
La. Rev. Stat. § 9:3251(C): 5 cases
Borne v. Wilander, 509 So. 2d 572 (La. Ct. App. 1987).
“R.S. 9:3251, et seq. as authority in seeking the return of his security deposit.”
Mayeaux v. Christakis, 619 So. 2d 93 (La. Ct. App. 1993).
“At trial, the only witnesses to testify were the plaintiff, Mr.”
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