| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Louisiana?
There isn’t specific statutory law prohibiting landlord retaliation in Louisiana. However, courts recognize the potential for an abuse of rights that results from retaliatory eviction, so retaliation is a potentially available defense. In general, an abuse of rights is unfair conduct relating to a public interest.
What Can Tenants Do in Response in Louisiana?
Tenants in Louisiana can claim retaliatory eviction in response to a landlord’s eviction action. If the court agrees that the effect or purpose of the landlord’s attempted eviction is retaliatory, the court will dismiss the eviction proceedings and may award damages to the tenant, including for mental distress.
Sources
- 1 New Hope Gardens, Ltd. v. Lattin, 530 So. 2d 1207, 1211 (La. Ct. App. 1988) (describing the possible grounds for a claim of retaliatory eviction)
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“[A]n abuse of rights will be found in four instances: 1) when a right is exercised exclusively for the purpose of harming another or if the predominant motive is to cause harm; 2) in the absence of a serious and legitimate interest worthy of judicial protection; 3) when the right has been used in violation of moral rules, good faith, or elementary fairness; or 4) when the holder of the right exercises it for a purpose other than that for which the right was granted.” New Hope Gardens, Ltd. v. Lattin, 530 So. 2d 1207, 1211 (La. Ct. App. 1988) (describing the possible grounds for a claim of retaliatory eviction). See also, generally, Armstrong, Retaliatory Eviction as Abuse of Rights: A Civilian Approach to Landlord-Tenant Disputes, 47 La. Law Rev. 1 (Sep. 1986)
Source Link - 2 La. Code Civ. Pro. § 4732(A) (2022)
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Louisiana places great importance on being able to hear all potential defenses in eviction actions: “The court shall make the [eviction] rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made.” La. Code Civ. Pro. § 4732(A) (2022) See generally Nola E., LLC v. Sims, 265 So. 3d 1147, 1150 (La. Ct. App. 2019) (“Eviction proceedings are governed by La. C.C.P. arts. 4701 et seq. Under La. C.C.P. art. 4732, a ‘court shall try the rule and hear any defense which is made .’”)
Source Link - 3 Tales IP, LLC v. Common-Camp, LLC, CIVIL ACTION No.: 19-11339 SECTION: "J" (4), 7 (E.D. La. Nov. 6, 2019)
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“Louisiana courts are vested with discretion under certain circumstances to decline to grant a lessor cancellation of a lease although such right appears to be available to him.”
Source Link - 4 Growe v. Johnson, 314 So. 3d 87, 99 (La. Ct. App. 2021) (internal citations omitted)
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“[A]s a matter of law, a tenant is not precluded from seeking nonpecuniary damages for breach of a contract of lease. Mental anguish may be awarded. A lease for residential purposes includes, as one of its objects, the enjoyment of habitable living quarters, arguably a nonpecuniary interest. Testimony and photographic evidence of the living conditions is sufficient evidence to warrant damages for mental anguish.”
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