Louisiana · Landlord-tenant dispute

Landlord-tenant dispute in Louisiana small claims

Unpaid rent, withheld deposit, or property damage? Resolve it in small claims.

Landlord-tenant disputes over money — unpaid rent, a withheld deposit, damage charges, or a landlord's failure to make repairs you paid for — often end up in small claims court. The key to a strong case is a clear paper trail: your lease, rent receipts, move-in and move-out documentation, and all written communication with the other party. You do not need a lawyer to present this kind of claim.

In Louisiana, small-claims cases are heard in the Small Claims Division of a City Court and you can sue for up to $5,000 (exclusive of interest, court costs, attorney fees, and penalties).

Good to know: Louisiana small claims is not a separate standalone court. It is a "Small Claims Division" that each individual city court is authorized (but not required) to establish under La. R.S. 13:5201. The division is "a court not of record" (R.S. 13:5202). Because availability and local rules vary by city court, plaintiffs must file in the city court that has territorial jurisdiction and that operates a small claims division. Justice of the Peace courts handle small civil matters separately and are not covered by the small claims division statutes (R.S. 13:5200 et seq.).

Landlord-tenant dispute: steps that matter

  1. Gather your lease, all rent payment records, and any written communication between you and the other party about the dispute.
  2. Document the property's condition thoroughly — photos and videos at move-in, during the tenancy, and at move-out.
  3. Send a written demand stating exactly what you are claiming and why, and keep proof of delivery.
  4. Confirm whether your state has a separate, shorter statutory deadline for your specific claim (such as deposit return) with your court or local housing authority.
  5. File in the small claims court for the county where the rental property is located.

Filing your Petition / Statement of Claim filed in the Small Claims Division of the city court (the clerk then prepares the citation summoning the defendant under La. C.C.P. art. 4902). in Louisiana

  1. Confirm your claim qualifies and pick the right court. Your claim must not exceed $5,000, exclusive of interest, court costs, attorney fees, or penalties (La. R.S. 13:5202). File in the city court that has territorial jurisdiction and that has established a small claims division (La. R.S. 13:5201). Note that filing in the small claims division waives your right to appeal the judgment (La. R.S. 13:5209).
  2. Complete and file the petition / statement of claim. Prepare the small claims petition stating your claim and the amount sought (using the forms provided by your city court's small claims division). Filing the documents with payment of the required fees institutes the suit. Pleadings, citation, and procedure follow La. C.C.P. arts. 4901-4904 as incorporated by La. R.S. 13:5203.
  3. Pay the filing fee / court costs. La. R.S. 13:5205 sets a statutory cost component of $35 for each defendant; the total court cost is set by the individual court (for example, Baton Rouge City Court charges $85.50 for one defendant plus $35 per additional defendant).
  4. Citation and service on the defendant. The clerk of the small claims division prepares the citation summoning the defendant to answer (La. R.S. 13:5211; La. C.C.P. art. 4902). Service of citation or other process is by certified mail, return receipt requested (La. R.S. 13:5204).
  5. Attend the hearing. The judge conducts an informal hearing to do substantial justice between the parties; relaxed rules of evidence apply and there is no discovery (depositions, interrogatories) in the small claims division (La. R.S. 13:5203).

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your landlord-tenant dispute

A landlord-tenant money dispute is usually grounded in the lease — a contract — so the contract statute of limitations is the typical outer deadline for filing. Many states also have separate landlord-tenant statutes with shorter deadlines for specific remedies such as security deposit return. Confirm which deadline applies to your exact claim with the court or your state's official landlord-tenant resource.

Written contract: 10 years (La. Civ. Code art. 3499)

Answering a lawsuit: 10 days after service of citation (15 days if the citation is served through the secretary of state)

Serving the defendant: Service of citation or other process is by certified mail, return receipt requested; the signed return is treated as personal service. The clerk of the small claims division prepares and sends the citation to the defendant.

Appeals: There is no appeal from a small claims judgment. By filing the complaint in the small claims division, the PLAINTIFF is deemed to have waived the right to appeal (unless the case is removed or transferred to the ordinary civil docket). The DEFENDANT likewise waives appeal unless, within the time allowed to answer, the defendant files a written motion to remove the action to the ordinary civil docket (which is granted automatically). Anyone who wants to preserve the right to appeal must keep the case off the small claims division docket.

All Louisiana small-claims deadlines

The table below lists the filing deadlines Small Claims Division of a City Court applies by claim category. Confirm the exact rule that applies to your landlord-tenant dispute claim with your court before relying on any figure.

Claim typeFiling deadline
Written contract (La. Civ. Code art. 3499)10 years
Open account or debt (La. Civ. Code art. 3494)3 years
Property damage (La. Civ. Code art. 3493.1)2 years
Personal injury (La. Civ. Code art. 3492)2 years

Louisiana small-claims forms for your landlord-tenant dispute case

These forms are published by the Small Claims Division of a City Court. Download and complete them before filing.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Louisiana State Legislature - La. R.S. 13:5202 (Jurisdiction / $5,000 limit). Last reviewed 2026-06-23.