| Tenant Protected Actions |
|
| Landlord Retaliatory Actions |
|
| Penalties for Retaliation |
|
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.
Landlord Retaliation in New Orleans
Beginning in 2024, tenants have protection against landlord retaliation in New Orleans. A landlord may not terminate a lease, decrease services, increase the rent or fees, file or threaten eviction, or refuse to renew a lease because of the following tenant actions:
- Reporting a violation of housing standards, to authorities or the landlord
- Requesting repairs to features of housing that are not up to minimum housing standards
- Providing testimony related to a potential violation of housing standards
There is a (rebuttable) presumption of retaliation in an adverse response from the landlord for a six (6) month period after a tenant takes one of the above actions.
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)
-
“[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)
-
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 New Orleans Healthy Housing Ordinance sec. 26-680
-
(a)
Any lessee may report potential violations of this article or sections 26-156 thru 26-230 of the Minimum Property Maintenance Code by contacting the department and requesting an inspection of a rental housing unit to ensure compliance with the standards contained in this article or sections 26-156 thru 26-230 of the Minimum Property Maintenance Code.
(b)
Lessees shall have the right to pursue protected activity pursuant to this section without fear of retaliation. For purposes of this section, “protected activity” includes:
(1)
Notifying the lessor or the lessor’s agent of any violation of any provision of this article or sections 26-156 thru 26-230 of the Minimum Property Maintenance Code;
(2)
Requesting corrective action reasonably calculated to redress any violation of this article or sections 26-156 thru 26-230 of the Minimum Property Maintenance Code;
(3)
Notifying regulatory authorities or members of the public of any violation of this article or sections 26-156 thru 26-230 of the Minimum Property Maintenance Code; or
(4)
Providing testimony in court or administrative proceedings relative to any violation of this article or sections 26-156 thru 26-230 of the Minimum Property Maintenance Code.
(c)
Prohibited acts of retaliation include, but are not limited to, unlawful termination of a lease, decreasing services, increasing the rent or fees, bringing or threatening to bring a lawsuit against a lessee for possession, or refusing to renew a lease, where such acts are motivated by the good-faith exercise of protected activity.
(d)
There shall be a rebuttable presumption that the lessor has committed a prohibited act of retaliation if (i) a lessor engages in any prohibited acts of retaliation, as described in subsection (c) above, within six months of a lessee, or a lessee’s representative, engaging in protected activity, and (ii) there exists probable cause to believe a violation of this section or sections 26-156 thru 26-230 of the Minimum Property Maintenance Code has been committed, as evidenced by a citation or notice of violation issued by the appropriate enforcement agency, photographs, or other evidence.”
Source Link - 4 Tales IP, LLC v. Common-Camp, LLC, CIVIL ACTION No.: 19-11339 SECTION: "J" (4), 7 (E.D. La. Nov. 6, 2019)
-
“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 - 5 Growe v. Johnson, 314 So. 3d 87, 99 (La. Ct. App. 2021) (internal citations omitted)
-
“[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.”
Source Link
