Louisiana SCRA Benefits: SCRA Adopted by State + Lease Cap
Part of: The Complete Guide to the SCRA
Louisiana hosts Fort Johnson, Barksdale Air Force Base, and the Naval Air Station Joint Reserve Base in New Orleans, and its law treats military families well. Two Louisiana statutes are worth knowing: one writes the SCRA into state law, and one gives a break-lease rule better than most states have.
Louisiana’s two big additions
| Protection | Federal SCRA | Louisiana |
|---|---|---|
| Guard on state active duty | ✕ Not covered | ✓ SCRA adopted as state law (R.S. 29:422) |
| Lease termination | 50 U.S.C. § 3955 | ✓ R.S. 9:3261, liability capped at one month or less |
| Security deposit on a military exit | Not addressed | ✓ Full return if you complied |
| Tax on nonresident military pay | None | ✓ None |
State active duty: the SCRA written into Louisiana law
The federal SCRA does not reach Guard members on state orders. Louisiana closes that gap. R.S. 29:422 adopts the federal SCRA and USERRA as Louisiana law and applies their protections to service members, which the state extends to National Guard on state active duty. If you are Louisiana Guard, invoke it in writing on state orders.
The lease law that caps your loss
This is the Louisiana protection that saves the most money. R.S. 9:3261 lets an active or reserve member, Guard or Coast Guard, or their spouse, terminate a residential lease on initial or PCS orders to move 35 miles or more. The damages are capped:
- Less than six months completed: no more than one month’s rent.
- Six months or more completed: no more than one half of one month’s rent.
- Full security deposit returned if you otherwise complied.
That is a cleaner cap than the federal rule spells out. Cite both R.S. 9:3261 and the federal § 3955, and run the dates through the termination calculator.
The Louisiana moves
- Lease exit: cite R.S. 9:3261 and 50 U.S.C. § 3955 in your written notice, attach orders, and confirm your liability cap and full deposit return.
- The federal kit runs as usual behind it: the 6% cap, letters, foreclosure shields, and refund audits.
- Louisiana Guard on state orders: invoke R.S. 29:422 in writing.
- Nonresident stationed in Louisiana: confirm no Louisiana tax on your military pay, and check the resident exclusion if Louisiana is home.
- Calculate exact lease end dates with the termination calculator.
The law behind this: La. R.S. 9:3261
Rights of military personnel to terminate lease: liability capped, deposit returned: read the statute.
Frequently asked questions
Does Louisiana protect Guard members on state active duty?
Yes. La. R.S. 29:422 adopts the federal SCRA and USERRA as Louisiana law and makes their benefits, protections, and rights applicable to persons called to service, which Louisiana extends to National Guard members on state active duty. That covers the activations the federal SCRA does not reach.
How good is Louisiana's lease-termination law?
Very good. Under R.S. 9:3261, an active or reserve member, Guard or Coast Guard, or their spouse, can terminate a residential lease on initial or permanent change of station orders to move 35 miles or more. If you have completed less than six months, you owe no more than one month's rent. At six months or more, no more than half a month. You also get your full security deposit back if you complied with the lease.
Does Louisiana tax military pay?
Nonresidents stationed in Louisiana do not pay Louisiana tax on their military pay. Louisiana residents can exclude military pay earned while stationed outside the state, subject to current limits. Confirm the exact exclusion amount with the Louisiana Department of Revenue when you file.
What comes first for a Louisiana service member?
Run the federal SCRA for debt. For a lease, use R.S. 9:3261 and cite the federal 50 U.S.C. § 3955 alongside it. If you are Louisiana Guard on state orders, invoke R.S. 29:422. Louisiana's base legal offices, at Fort Johnson, Barksdale, and NAS JRB New Orleans, take SCRA cases for free; bring your orders.
Sources
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.