12.2 Pre-Litigation Planning

A tenant who seeks the return of a security deposit should always timely provide landlords with written notice of lease termination, provide a written demand for return of the security deposit, including a forwarding address, and retain proof of the written notice and written demand.1  Tenants should send both the written notice and the written demand to the landlord in a way that they can confirm that the landlord has received it. This includes certified mail, return receipt requested, as well as means of electronic communication such as e-mail and text messages read receipts, especially when the tenant and landlord communicated electronically during the tenancy.

Under La. R.S. 9:3251, a tenant must give the landlord notice of lease termination, as required by the lease or law.2  Thus, as a matter of course tenants should be advised to give timely notice of lease termination to landlords in writing and to retain a copy of this written notice with proof of delivery for use as evidence at trial.

To maximize leverage for negotiation and litigation of a security deposit claim, a written demand for the refund should always be made on the landlord when the lease ends, i.e., the day the tenant moves out. The tenant’s demand should include a forwarding address to which the landlord may send the security deposit and/or written itemization of damages. Any address where the tenant can safely receive mail is sufficient. A tenant does not have to provide their new address.

The written demand for refund is necessary for most courts to impose the statutory penalty of damages plus costs and attorney’s fees if the landlord fails to remit within 30 days after receiving the tenant’s written demand.3  The 1st and 4th Circuit Courts of Appeal have consistently held that tenants who have not made a written demand for the return of a security deposit are not entitled to damages.4

• 1See Section 14 for a sample demand letter.
• 2On required notice under various types of leases, see Section 1.4.1.
• 3La. R.S. 9:3252–3253.
• 4Growe v. Johnson, 2020-0143 (La. App. 4 Cir. 02/17/21), 314 So. 3d 87, 101; Maxie v. Juban Lumber Co., 444 So. 2d 181 (La. App. 1 Cir. 1983); Trapani v. Morgan, 426 So. 2d 285 (La. App. 4 Cir. 1983).