Legal Question in Landlord & Tenant Law in Louisiana

At our apartment complex in LA, I signed a lease stating that I was responsible for the full cost of carpet replacement in our apartment if urine was found from our dogs. The apartment complex failed to provide an itemized statement within 30 days. When I called to ask about our deposit, I was then sent an itemized statement showing that carpets needed to be replaced along with the bathtub being resurfaced. Am I still liable for these charges since the complex failed to uphold their end by not providing the itemized statement legally required? Should I get my deposit back?


Asked on 1/25/13, 9:46 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

I have heard tenants argue that failure to comply with the Lease Deposit Act by failing to send an itemized list within 30 days waives the landlord's right to claim damages. I do not believe that is so. The Act does allow for damages and attorney's fees, but nothing in the Act states that landlords can't still charge for damage or back rent due, even if they failed to return the deposit/accounting timely.

To my knowledge, no appellate Louisiana court has ruled on this issue and, as I say, I have heard it argued before. I just think you are fighting a losing battle there.

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Answered on 1/30/13, 1:38 pm


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