Louisiana · Security deposit dispute

Security deposit dispute in Louisiana small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

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).

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

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 security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

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.

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.