Legal Question in Landlord & Tenant Law in Louisiana

Re: Lease dispute

The first thing that I would suggest you do is have someone review your lease. There are a number of things that are atypical about your fact situation. To collect a $6,000 damage deposit on a lease with a monthly rental of $850 is very unusual.

If, however, the facts are as you state them, the lessor should have no right to unilaterally raise the rent from $850 to $1,300. If the deposit was in fact a damage deposit and the landlord is refusing to return it (or refusing to return part due to catching up the rent), there are some statutes under Louisiana law that may prove helpful. There are a series of laws under La. R.S. 9:3251, et seq. that specifically govern the return of the lessee's deposit. They state that within 30 days of the lease termination, the lessor is to return the deposit or a written explanation of why he is not returning the deposit. If he is keeping part of the deposit, it has to be for good reason (i.e. damages to the premises caused by the lessee). The Lessor's failure to return the deposit or the explanation within the 30 days sets up a presumption that the lessor is in bad faith. That would subject the lessor to penalties in addition to returning the deposit of $200 or actual damages, whichever are greater, plus attorney's fees.

Another issue that is not clear from the facts set forth in your message is whether the lease has in fact terminated for purposes of triggering the 30 day provision above. It seems as though you vacated the premises due to the unilateral rent increase prior to the end of its stated term, so you may need to send a letter to the lessor so that you get the 30 day period started.

I would suggest, however, that you not do anything until you have a qualified professional (most likely a lawyer) review the lease and advise you how best to proceed. I would suggest that you have the professional write a demand letter to the lessor and send it by certified mail so that you have a clear indication of when to start the 30 day clock. You may well have to sue the lessor to get your money back if he doesn't return it to you voluntarily. In the future, the customary damage deposit on the rental of either a house or an apartment is one month's rent, maybe two month's rent, but very seldom in excess of seven month's rent, as in your case.