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La. Rev. Stat. § 9:3325 (2026)

Recovery of liquidated damages

✓ current as of May 2026
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§3325.  Recovery of liquidated damages

A.  The lessor may commence an ordinary proceeding against the lessee, as provided in R.S. 9:3324, to recover amounts then due and owing under the lease as well as such liquidated damages as may be provided under the lease agreement.  Any refundable security deposit held by the lessor may be retained and shall be credited against the lessee's liability for liquidated damages and other amounts owed the lessor.

B.  The court shall award liquidated damages to the lessor only if it finds the amount thereof to be reasonable.  If the court finds the amount of liquidated damages to be unreasonable, or if there is no such stipulation, then the court may, in its discretion, award liquidated damages to the lessor.

Acts 1985, No. 592, §1, eff. July 13, 1985; Acts 1986, No. 213, §1.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1990–2021 · leading case: At & T Info. Sys., Inc. v. Smith, 593 So. 2d 673 (La. Ct. App. 1991).
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At & T Info. Sys., Inc. v. Smith, 593 So. 2d 673 (La. Ct. App. 1991). · cites it 2× “Also under the same general heading is found R.S. 9:3325— Recovery of liquidated damages, which provides: A.”
McFillen Rent-A-Car, Inc. v. Brierty, 625 So. 2d 364 (La. Ct. App. 1993). · cites it 2× “R.S. 9:3325 provides that: A. The lessor may commence an ordinary proceeding against the lessee, as provided in R.”
Day Leasing & Ins., Inc. v. Hart, 619 So. 2d 114 (La. Ct. App. 1993). “R.S. 9:3325 provides: A. The lessor may commence an ordinary proceeding against the lessee, as provided in R.”
Gen. Elec. Credit Corp. v. Se. Health Care, Inc., 734 F. Supp. 716 (M.D. La. 1990). “R.S. 9:3325(B)? Was the Default Cured? The deposition of Ms.”
Cenval Leasing Corp. v. Nunnery, 577 So. 2d 1042 (La. Ct. App. 1991). “R.S. 9:3325 provides that the damages claimed by the lessor must be reasonable, there is nothing in the record which indicates that any of these charges were unreasonable.”
Lee Sands (Bankr. E.D. La. 2021). “§ 9:3325. Accordingly, the Court credits the Debtor for the $2,350 of their unrefunded deposit against the damages calculated herein.”
La. Rev. Stat. § 9:3325(A): 1 case
At & T Info. Sys., Inc. v. Smith, 593 So. 2d 673 (La. Ct. App. 1991). “Also under the same general heading is found R.S. 9:3325— Recovery of liquidated damages, which provides: A.”
La. Rev. Stat. § 9:3325(B): 2 cases
McFillen Rent-A-Car, Inc. v. Brierty, 625 So. 2d 364 (La. Ct. App. 1993). “R.S. 9:3325 provides that: A. The lessor may commence an ordinary proceeding against the lessee, as provided in R.”
Gen. Elec. Credit Corp. v. Se. Health Care, Inc., 734 F. Supp. 716 (M.D. La. 1990). “R.S. 9:3325(B)? Was the Default Cured? The deposition of Ms.”
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