La. Stat. Ann. § R.S. 9:3259
Unpaid rent; attorney fees
Operative Text
§3259. Unpaid rent; attorney fees A. Whenever any lessee of any apartment building, house, motel, hotel, or other such dwelling fails to pay rent that has become due and delinquent, within twenty days after delivery of written demand therefor made in accordance with the provisions of this Section, correctly setting forth the amount of rent due and owing, the lessee shall be liable for reasonable attorney fees for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the claimant. B. Delivery of written demand for purposes of this Section may be accomplished by mailing the written demand by certified mail to the last known address of the lessee, by personal delivery to the lessee or by tacking the written demand on the door of the leased premises. C. The provisions of this Section shall apply to oral leases only.
Under La. R.S. § 9:3259, when a tenant of a residential dwelling—such as an apartment, house, motel, or hotel—fails to pay overdue rent within twenty days of receiving a properly delivered written demand, the landlord may be entitled to recover reasonable attorney fees if a court rules in the landlord's favor. This provision applies exclusively to oral (unwritten) lease arrangements, not to written lease agreements. The written demand must correctly state the amount owed and be delivered by certified mail, personal delivery, or by posting it on the door of the leased premises.
Plain English — not legal advice.
Property owners operating under oral lease arrangements should be aware that La. R.S. § 9:3259 provides a mechanism to recover reasonable attorney fees when pursuing unpaid rent, provided the correct procedural steps are followed. A compliant operator typically ensures that any written demand for overdue rent accurately states the amount owed and is delivered through one of the three approved methods—certified mail, personal delivery, or posting on the leased premises' door—before initiating legal action. Because this statute applies only to oral leases, landlords with written lease agreements would need to look to other provisions or the lease terms themselves for attorney fee recovery.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under La. R.S. § 9:3259, tenants renting under an oral lease arrangement should understand that if a landlord delivers a proper written demand for overdue rent and a court later rules in the landlord's favor, the tenant may be held responsible for the landlord's reasonable attorney fees. Tenants have a twenty-day window after receiving a valid written demand to address the unpaid rent before this attorney fee exposure arises. Tenants who believe a demand was improperly delivered, contains an incorrect rent amount, or involves a written rather than oral lease may wish to consult a tenant-rights organization or legal aid service to understand how those factors could affect the applicability of this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation