What can I do if my landlord won't fix uninhabitable conditions in Louisiana?
1. Implied Warranty of Habitability — Louisiana's civil-law tradition imposes warranty obligations through La. Civ. Code arts. 2682-2696 (Lease title). Art. 2691 requires the lessor to deliver the thing in good condition and free from defects; art. 2696 establishes warranty against vices/defects.
2. What Counts as Uninhabitable — Vices or defects that prevent the use intended: lack of heat, hot water, plumbing, sewage, structural defects, vermin, mold, electrical hazards. Local property maintenance codes (New Orleans, Baton Rouge) supplement.
3. Tenant Notice to Landlord — Art. 2694 requires the lessee to give written notice and reasonable opportunity to cure before invoking self-help remedies.
4. Repair-and-Deduct — La. Civ. Code art. 2694 allows lessee to make necessary repairs at lessor's expense (deduct from rent) after notice and unreasonable delay; reasonable cost only.
5. Rent Withholding / Escrow — Louisiana has no statutory rent escrow procedure; tenants risk eviction for full withholding. Art. 2715 allows partial rent reduction for diminution-in-value claims.
6. Constructive Eviction — Art. 2719 (lessor's failure to maintain) and art. 2696 (warranty against vices) permit dissolution of lease and damages.
7. Affirmative Defense to Eviction — Habitability breach may be asserted as defense and reconventional demand in eviction (rule for possession) under Louisiana CCP arts. 4731 et seq.
8. Damages & Penalties — Art. 2715 allows rent reduction; art. 2696 entitles lessee to damages and dissolution of lease. Attorney fees only if lease or specific statute provides.
9. Retaliation Protection — Louisiana has no general anti-retaliation statute; eviction defenses limited. Some municipal ordinances (New Orleans CZO and Healthy Homes ordinance) provide protections.
This is legal information, not legal advice.
- Rule for possession (eviction) filed after self-help repair
- Post-storm/hurricane habitability disputes and force majeure
- Mold or sewage following flooding causing health symptoms
- La. Civ. Code art. 2682
- La. Civ. Code art. 2691
- La. Civ. Code art. 2694
- La. Civ. Code art. 2696
- La. Civ. Code art. 2715
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.