Since its statehood on April 30, 1812, Louisiana has maintained a unique legal tradition based on the Civil Code. Louisiana is known for having some of the most relaxed landlord-tenant laws in the country regarding affirmative disclosures. However, recent legislative changes have introduced mandatory requirements for flood history and application fee transparency.

The burden is largely on the tenant to inspect the property before signing a lease. However, landlords must still adhere to federal law, the strict liability principles regarding property defects under the Louisiana Civil Code, and specific statutory notification requirements.

Official Law Citation: The disclosure requirements for Louisiana residential leases are primarily governed by federal regulations, the Louisiana Civil Code Art. 2696, La. R.S. 9:3198.1 (Flood), La. R.S. 9:3258.1 (Application Fees), and La. R.S. 37:1469 (Sex Offenders).

State-Mandated Disclosures

Louisiana has specific codified landlord disclosures for residential tenancies that are required or strictly governed by state law.

Sex Offender Registry Notice (Mandatory)

Under Louisiana R.S. 37:1469, every written lease executed by a real estate licensee must include a notice informing the tenant of the existence of a statewide database of registered sex offenders. The notice must provide the website and telephone number for the database. Once this notice is provided, the landlord is generally shielded from further liability regarding the proximity of offenders.

Flood Risk and History (Mandatory)

Effective January 1, 2024, under La. R.S. 9:3198.1, every residential landlord must disclose in writing, at or before lease signing, whether the property has flooded within the last five years and whether the property is located in a FEMA-designated Special Flood Hazard Area (SFHA).

Application Fee Disclosure (Mandatory)

Under La. R.S. 9:3258.1, a landlord cannot require an application fee unless they provide written notice of:

1. The fee amount.
2. The criteria used for screening (e.g., credit scores, criminal history).
3. A statement informing the applicant of their right to provide a 200-word explanation of financial hardship resulting from a declared disaster (specifically referencing "hurricane" and the "COVID-19 pandemic").

General Warranty Against Vices and Defects

Under Louisiana Civil Code Art. 2696, a landlord (lessor) is strictly liable for all "vices or defects" of the property that prevent it from being used for its intended purpose. This liability exists even if the landlord did not know of the defect at the time of the lease.

While not an affirmative "disclosure form" requirement, this means:

1. Latent Material Defects: A landlord must disclose any known, dangerous conditions that a tenant cannot reasonably discover.
2. Waiver of Warranty: If a landlord wishes to limit this liability, they must include a specific waiver in the lease that is clear, unambiguous, and brought to the tenant's attention (Civil Code Art. 2699). However, this waiver cannot apply to defects that seriously affect health or safety in residential leases.

Federally Mandated Disclosures

Because state laws are minimal, the most extensive disclosure requirement in Louisiana is the federal lead-based paint mandate.

Lead-Based Paint Disclosure (Pre-1978 Homes)

Under 42 U.S.C. § 4852d, if the residential dwelling was built prior to 1978, landlords must provide:

1. EPA Pamphlet: "Protect Your Family From Lead in Your Home."
2. Known Hazards: A written disclosure of any known lead-based paint or hazards.
3. Records: Copies of any existing records or reports regarding lead in the unit.
4. Lease Disclosure: A specific Lead Warning Statement signed by all parties.

Recommended Best Practice Disclosures

Even though Louisiana doesn't require them by law, providing certain disclosures can prevent significant misunderstandings and shield the landlord from liability:

• Move-in/Move-out Inspection Checklist: Crucial for defending security deposit deductions under R.S. 9:3251.
• HOA/Condo Association Rules: Providing the CCRs ensures the tenant is aware of community-specific restrictions.

See our Security DepositsPreview unavailable guide.

How Landager Helps

Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Louisiana regulations.

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