Louisiana Tenant Screening Laws: What Landlords Can and Cannot Do
Louisiana regulates very little of tenant screening – no fee or deposit cap – but the civil code, the federal FCRA, and fair housing law still set the rules. Here is how to screen legally in 2026.
Tenant screening in Louisiana is governed lightly by state law and heavily by federal law. Louisiana’s civil code sets the rules for the security deposit, but it says little about how you evaluate an applicant, which makes the federal Fair Credit Reporting Act and the federal Fair Housing Act the real rulebook – and a written, consistent process your best protection.
This guide walks through what you may screen, what you can charge, and where Louisiana is more permissive than other states. If you are new to the mechanics, our overview of how to screen tenants step by step pairs well with the Louisiana-specific points below.
Video: a plain-language walkthrough of Louisiana tenant screening, application fees, deposits, and adverse action.
Key Takeaways: Louisiana Tenant Screening Laws
- No application-fee cap. The fee must be reasonable and cover only the actual cost of screening, and Louisiana requires written notice before you collect it.
- No statutory deposit cap. The deposit must be returned within one month of the lease ending with an itemized statement (La. R.S. 9:3251).
- No statewide source-of-income protection. Louisiana fair housing tracks the federal protected classes.
- Federal law is the backbone. The FCRA governs the report and the federal Fair Housing Act governs who you approve.
What Louisiana Law Lets You Screen
Louisiana gives landlords wide latitude to evaluate an applicant. With written permission you may obtain a consumer report covering credit, rental and payment history, employment and income, and public records such as criminal convictions and civil judgments. You may set objective standards – an income-to-rent ratio, a minimum credit threshold, a clean recent rental record – and decline applicants who do not meet them.
Because Louisiana regulates so little of the process, the discipline is on you: write your criteria down and apply them identically to every applicant, since an inconsistent process is where fair housing liability begins. Our guide to the minimum credit score for renting explains how to set a threshold that screens for risk without screening out a protected class.
Application Fees in Louisiana: No Cap, but Notice First
Louisiana sets no dollar limit on what a landlord may charge to screen an applicant, and the fee is non-refundable. That freedom comes with two conditions worth taking seriously: the fee must be reasonable and tied to the actual cost of the report – a landlord is not allowed to profit from the application process – and Louisiana law requires written notice to the applicant before the fee is collected.
Charging different fees to different applicants, or collecting fees with no intention of screening, is exactly the pattern that invites a fair housing complaint even in a permissive state. Give the written notice, keep the fee reasonable, and apply it the same way every time.
Permissive is not unregulated
No Louisiana fee cap does not switch off the federal rules. The Fair Credit Reporting Act still governs the report you buy with that fee, and federal fair housing law still governs who you approve.
Security Deposits Under La. R.S. 9:3251
Louisiana does not cap the security deposit, but it is strict about returning it. Under La. R.S. 9:3251 the landlord must return the deposit within one month after the lease ends, together with an itemized statement of any deductions for unpaid rent or damages beyond normal wear and tear.
The penalty for ignoring the rule has teeth: a landlord who fails in bad faith to return the deposit or to itemize after the tenant’s written demand can be liable for the deposit plus damages and attorney’s fees. Our deeper look at Louisiana security deposit laws covers permitted deductions and the itemization requirement in detail.
Louisiana Fair Housing and Protected Classes
Louisiana’s open-housing law mirrors the federal Fair Housing Act, prohibiting discrimination on the basis of race, color, religion, sex, national origin, familial status, and disability. Louisiana does not add source of income as a statewide protected class, so a landlord is not required by state law to accept a housing voucher.
What the state list leaves out, federal law often supplies. HUD now interprets the Fair Housing Act’s ban on sex discrimination to include sexual orientation and gender identity in housing, a protection that applies in Louisiana regardless of the state list. For the full picture, see our Fair Housing Act guide for landlords.
Criminal History, Credit, and Eviction Records
A criminal record can be a lawful basis to decline an applicant in Louisiana, but a blanket no-record policy is the most common way landlords stumble into a fair housing problem. HUD’s 2016 guidance treats criminal-records screening under a disparate-impact lens, so a flat ban can violate the federal Fair Housing Act even without intent to discriminate. The defensible approach is an individualized assessment tied to the offense, how recent it is, and safety.
Credit history and prior evictions are cleaner to use when your standard is objective and consistently applied. You can read how eviction filings arise on our Louisiana eviction notice laws page. Across all three categories the rule is the same: decide your criteria in advance, write them down, and never improvise them applicant by applicant.
The FCRA: Consent and Adverse Action
Whenever you pull a screening report through a consumer reporting agency, the federal Fair Credit Reporting Act governs the transaction – and in Louisiana, where state law is largely silent, this is the rule that matters most. You need a permissible purpose and the applicant’s written authorization before the report is ordered. If the report drives an adverse decision, you must deliver an adverse action notice.
That notice has to name the reporting agency, state that the agency did not make the decision, and tell the applicant they can get a free copy of the report and dispute anything inaccurate. Our FCRA compliance guide and the companion walkthrough of the adverse action notice spell out exactly what it must contain.
Fair Housing Compliance for Louisiana Landlords
State open-housing law and the federal Fair Housing Act demand the same thing: uniform criteria, uniform application, and documentation that shows you treated every applicant by the same yardstick. In a state that regulates the process this lightly, that documentation is what stands between you and a complaint.
Publish your criteria before you advertise, screen every applicant against the identical standard, and keep the file. A consistent record is far more persuasive than any after-the-fact explanation.
A Compliant Louisiana Screening Process
Turn the rules into one repeatable sequence. First, publish objective criteria – income ratio, credit threshold, rental history, and your individualized criminal-record policy. Second, give the written fee notice and collect a reasonable, uniform fee. Third, get written consent and order the report. Fourth, evaluate every applicant against the identical standard. Fifth, if you decline based on a report, send the adverse action notice promptly.
Income verification is the step landlords most often shortcut, and the easiest to do defensibly; our guide to verifying tenant income shows how to confirm ability to pay without singling anyone out. Run the same steps for every applicant and your file will tell a clean, consistent story.
Common Mistakes That Create Liability
In a permissive state the recurring errors cluster around consistency and the deposit statute. Charging uneven fees, or skipping the written fee notice, invites a complaint. Mishandling the deposit – missing the one-month return or failing to itemize – triggers the La. R.S. 9:3251 penalty. And denying an applicant on a report without sending the FCRA notice is an avoidable, well-litigated misstep.
One standard, every applicant. Louisiana hands you the freedom to design your own process – which means the burden of proving it was even-handed also sits with you. A single written rubric, used the same way each time, is your strongest defense.
Documentation and Recordkeeping in Louisiana
Because Louisiana regulates the screening process so lightly, your records are what prove it was lawful and even-handed. Keep the written application-fee notice you gave each applicant, the signed authorization for the consumer report, a dated copy of the written criteria you applied, and the screening results themselves. If a denied applicant later questions the decision, a complete file showing identical treatment across every applicant is far more persuasive than any after-the-fact recollection of why one person was turned away.
On the deposit side, retain the itemized statement you delivered within the one-month window under La. R.S. 9:3251, along with proof of the date and method of delivery. Dated photographs at move-in and move-out, repair invoices, and a ledger of any unpaid rent turn a contested deduction into a documented one. Louisiana’s bad-faith penalty rewards the landlord who can show the arithmetic behind every dollar withheld, and it punishes the one who cannot.
Finally, set a retention policy and follow it for every file, approved or denied alike. A consistent multi-year retention of applications, fee notices, screening results, adverse action notices, and deposit accountings gives you the evidence to answer a fair housing inquiry or a deposit dispute long after the tenancy has ended. The discipline of keeping the same records for everyone is itself evidence of the even-handed treatment that both state and federal law require.
Do
- ✓Publish your written screening criteria before you advertise, and apply them to every applicant.
- ✓Get written authorization before pulling any report, and keep the signed consent on file.
- ✓Send an FCRA adverse action notice on every denial that rests on a consumer report.
- ✓Assess any criminal record case by case, weighing the offense, how recent it is, and safety.
- ✓Handle the security deposit and its return exactly as the state statute requires, and document it.
Avoid
- ✕Charge uneven application fees, or collect a fee with no genuine screening behind it.
- ✕Treat a permissive state as a lawless one – the FCRA and federal fair housing law always apply.
- ✕Apply a blanket ban on any criminal record, which risks a disparate-impact violation.
- ✕Improvise your standards applicant by applicant instead of following one written rubric.
- ✕Skip the deposit paperwork the statute requires, from itemization to any required notices.
Louisiana Tenant Screening Laws: FAQ
Can a Louisiana landlord run a background check on an applicant?
Yes. With the applicant’s written authorization you may obtain a consumer report covering credit, rental history, income, and criminal convictions. The federal Fair Credit Reporting Act requires a permissible purpose and consent before any screening report is pulled.
Is there a limit on application fees in Louisiana?
No. Louisiana sets no dollar cap, but the fee must be reasonable and cover only the actual cost of screening, and the landlord must give the applicant written notice before collecting it. The fee is non-refundable.
What is the maximum security deposit in Louisiana?
Louisiana does not cap the security deposit. Under La. R.S. 9:3251 the landlord must return it within one month of the lease ending, with an itemized statement of any deductions.
What happens if a Louisiana landlord returns the deposit late?
A landlord who fails in bad faith to return the deposit or to itemize after the tenant’s written demand can be liable for the deposit plus damages and attorney’s fees.
Is source of income a protected class in Louisiana?
Not at the statewide level. Louisiana fair housing law mirrors the federal protected classes and does not list source of income, so state law does not require a landlord to accept a housing voucher. Local rules can differ.
Can a Louisiana landlord deny an applicant for a criminal record?
A conviction can be a lawful reason to decline, but blanket bans are risky. HUD’s 2016 guidance warns that a flat no-record policy can create a disparate-impact violation, so use an individualized assessment tied to the offense, how recent it is, and safety.
Does a Louisiana landlord have to send an adverse action notice?
Yes. If a denial, a higher deposit, or a co-signer requirement rests in any part on a consumer report, the FCRA requires an adverse action notice naming the reporting agency and explaining the right to a free report and to dispute it.
Does Louisiana regulate the rest of the screening process?
Very little. Louisiana leaves most of the process to the landlord, so the binding rules are mostly federal – the FCRA for the report and the federal Fair Housing Act for non-discrimination – alongside the deposit and fee-notice rules in the civil code.
How long should a Louisiana landlord keep tenant screening records?
Keep applications, signed authorizations, screening results, adverse action notices, and deposit accountings for every applicant – approved or denied – for several years. In Louisiana, a consistent retention policy is the evidence that you treated every applicant by the same standard if a fair housing or deposit dispute later arises.
When must a Louisiana landlord send the adverse action notice?
Send it promptly whenever a consumer report contributes to an adverse decision – a denial, a higher deposit, or a co-signer requirement. The FCRA notice must name the reporting agency, state that it did not make the decision, and tell the Louisiana applicant how to get a free copy of the report and dispute any error.
Related Louisiana and Screening Guides
- Tenant screening laws by state – compare Louisiana to the rest of the country.
- Louisiana security deposit laws – deductions, itemization, and the return deadline.
- Louisiana eviction notice laws – notice periods and the eviction timeline.
- Louisiana rent increase laws – notice rules for raising the rent.
- Louisiana late fee laws – what you can charge for late rent.
- How a tenant background check works – what a report includes.
- Louisiana habitability laws – your maintenance obligations as a landlord.
Screen Louisiana Applicants the Compliant Way
Order FCRA-ready credit, criminal, and eviction reports and keep your Louisiana process consistent from application to decision.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.
Legal Disclaimer
This article is for general informational purposes only and is not legal advice. Louisiana and federal laws change, and how they apply depends on your specific facts. Before acting on any screening, fee, deposit, or fair housing question, consult a licensed attorney in Louisiana. Reading this page does not create an attorney-client relationship.
