Louisiana legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Louisiana Implied Warranty of Habitability
In Louisiana, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Louisiana
Note: Most Louisiana habitability regulation is done locally, not statewide. Check city/county laws and ordinances for local requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Not Addressed | Not Addressed |
| Hot Water | Not Addressed | Not Addressed |
| Kitchen Appliances | Not Addressed | Not Addressed |
| Washer & Dryer | Not Addressed | Not Addressed |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | Not Addressed | Not Addressed |
| Light Fixtures | Not Addressed | Not Addressed |
| Landscaping | Not Addressed | Not Addressed |
| Garbage Removal | Not Addressed | Not Addressed |
| Garbage Pickup | Not Addressed | Not Addressed |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Louisiana
Louisiana landlords have no clear responsibilities regarding heating and air conditioning. In most cases this will mean there isn’t a requirement to provide or maintain ventilation or heating appliances, unless the lease or local laws say otherwise.
Are Landlords Required to Provide Air Filter Replacements in Louisiana?
Louisiana landlords are not required to replace air filters.
Landlord Responsibilities for Plumbing in Louisiana
Louisiana landlords must keep plumbing in condition suitable for human habitability.
Are Landlords Required To Provide Hot Water in Louisiana?
Louisiana landlords are required to provide hot water in all rental properties equipped with plumbing.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Louisiana?
Louisiana landlords must fix clogs the renter didn’t cause, which create issues for the habitability of the property.
Are Landlords in Louisiana Responsible for Fixing Leaks?
Louisiana landlords must fix leaks the renter didn’t cause, which create issues for the habitability of the property.
Landlord Responsibilities for Kitchen Appliances in Louisiana
Louisiana landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Louisiana
Louisiana landlords must avoid directly or indirectly causing an interruption of any required electric service.
Are Landlords Responsible for Replacing Light Bulbs in Louisiana?
Louisiana landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Louisiana
Louisiana landlords have no specific responsibilities related to garbage removal or service. If the lease or local code don’t specify, it will be the renter’s responsibility to make sure garbage is properly disposed, since the renter produces the garbage and it will damage the rental property if kept too long.
Landlord Responsibilities for Landscaping in Louisiana
Louisiana landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Louisiana
Landlords in Louisiana are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, a landlord can make the renter pay for repairs.
Landlord Responsibilities Regarding Pests in Louisiana
Louisiana landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants, although there’s no regular testing requirement. If pest treatment deprives the renter of the full use of the property, the renter can seek a rent reduction.
Landlord Responsibilities for Windows & Window Coverings in Louisiana
Louisiana landlords have no specific responsibilities to provide or maintain windows or window coverings. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Louisiana
Louisiana landlords must provide and maintain smoke detectors. For rental agreements begun after January 1, 2023, landlords also have to provide carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Louisiana?
Louisiana landlords are responsible for basic habitability of rental property, and property cannot be rented without working safety devices, so maintenance including battery replacement is the landlord’s job.
Landlord Responsibilities for Washers and Dryers in Louisiana
Louisiana landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Louisiana
Renters in Louisiana have the right to repair for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue, preferably in writing. The landlord gets a reasonable time after notice to perform repairs.
If the issue isn’t fixed, the renter can end the rental agreement, or pay for repairs and deduct the actual and reasonable cost from the rent. The renter isn’t allowed to withhold rent.
Sources
- 1 La. Civ. Code § 2691 (2022)
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“During the lease, the lessor is bound to make all repairs that become necessary to maintain the thing in a condition suitable for the purpose for which it was leased, except those for which the lessee is responsible.” La. Civ. Code § 2691 (2022). “The lessee is liable for damage to the thing caused by his fault or that of a person who, with his consent, is on the premises or uses the thing.” La. Civ. Code § 2687 (2022)
Source Link - 2 La. Civ. Code § 2699 (2022)
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“The warranty provided in the preceding Articles may be waived, but only by clear and unambiguous language that is brought to the attention of the lessee. Nevertheless, a waiver of warranty is ineffective: (1) To the extent it pertains to vices or defects of which the lessee did not know and the lessor knew or should have known; (2) To the extent it is contrary to the provisions of Article 2004 [prohibition on contractual waiver of liability for intentional, reckless, and physical damage]; or (3) In a residential or consumer lease, to the extent it purports to waive the warranty for vices or defects that seriously affect health or safety.”
Source Link - 3 Nola E., LLC v. Sims, 265 So. 3d 1147, 1152 (La. Ct. App. 2019) (internal citations omitted)
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“In Louisiana, the lessor has the obligation to maintain the leased premises in a condition fit for its intended use, and to make necessary repairs. If the lessor fails to fulfill this obligation, the law provides the lessee with two options. He can sue for dissolution of the lease agreement and resulting damages, or he can make indispensable repairs himself and deduct a reasonable cost thereof from the rent due. A lessee is not justified in retaining possession of the leased premises rent-free without pursuing either of these codal remedies. The Louisiana Supreme Court has explicitly held that a lessee may not anticipate refusal or neglect to make the repairs or withhold rent to apply economic pressure on a lessor.”
Source Link - 4 La. Plumbing Code § 301(b)(3) (2016)
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“A dwelling type building provided with a drainage system, a community sewerage system connection or an individual sewerage system shall have at least one water closet, one bathtub or shower, one lavatory, one kitchen-type sink and an adequate source of hot water for each family unit to meet minimum basic requirements for health, sanitation and personal hygiene.”
Source Link - 5 La. Civ. Code § 2715 (2022)
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“If, without the fault of the lessee, the thing is partially destroyed, lost, or expropriated, or its use is otherwise substantially impaired, the lessee may, according to the circumstances of both parties, obtain a diminution of the rent or dissolution of the lease, whichever is more appropriate under the circumstances. If the lessor was at fault, the lessee may also demand damages. If the impairment of the use of the leased thing was caused by circumstances external to the leased thing, the lessee is entitled to a dissolution of the lease, but is not entitled to diminution of the rent.”
Source Link - 6 La. Rev. Stat. § 40:1581(A) (2022)
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“All existing one- or two-family dwellings at the time of sale or lease, shall contain, at a minimum, an operable ten-year, sealed lithium battery smoke detector.” La. Rev. Stat. § 40:1581(A) (2022) Note that Act. No. 458 from the 2022 legislative session amends the existing law to require leases executed after January 1, 2023 to also supply carbon monoxide detectors.
Source Link - 7 La. Civ. Code § 2688 (2022)
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“The lessee is bound to notify the lessor without delay when the thing has been damaged or requires repair, or when his possession has been disturbed by a third person. The lessor is entitled to damages sustained as a result of the lessee’s failure to perform this obligation.”
Source Link - 8 La. Civ. Code § 2694 (2022)
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“If the lessor fails to perform his obligation to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made. The lessee may demand immediate reimbursement of the amount expended for the repair or apply that amount to the payment of rent, but only to the extent that the repair was necessary and the expended amount was reasonable.”
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