Warranty of Habitability in Louisiana

Last Updated: May 3, 2023 by Elizabeth Souza

In Louisiana, a landlord’s obligation for providing a habitable living space is primarily governed by LA Civ Code Art. 2691. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts Answer
Landlord Responsibilities No Statute.
Time Limit for Repairs “Reasonable” Time
Tenant Recourse Options
  • Withhold Rent: No
  • Repair & Deduct: Yes

Applicable Dwelling Types in Louisiana

The implied warranty of habitability in Louisiana does not apply to all types of dwellings. See the table below for which are and aren’t included.

Dwelling Type Landlord/Tenant Laws Apply?
Single family Yes
Multi-family Yes
Fraternities/Sororities/Clubs Not specifically addressed
RV parks Not specifically addressed
Mobile home parks Not specifically addressed
Condos Not specifically addressed
Hotels/Motels Not specifically addressed

Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.

Landlord Responsibilities in Louisiana

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Louisiana, as indicated below.

Note: Some of the items below may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue Landlord Responsibility?
Provide windows and doors that are in good repair. Not specifically addressed
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Not specifically addressed
Provide hot and cold running water. Not specifically addressed
Provide working HVAC equipment. Not specifically addressed
Provide working plumbing and electrical wiring/outlets/ lighting. Not specifically addressed
Provide working gas lines if used for utilities/cooking Not specifically addressed
Provide working sanitation facilities (bathtub/shower, toilet). Not specifically addressed
Provide a trash can (for trash pickup services). Not specifically addressed
Ensure that any stairs and railings are safe. Not specifically addressed
Ensure that all floors are in good condition and safe. Not specifically addressed
Provide fire exits that are usable, safe, and clean. Not specifically addressed
Ensure storage areas, including garages and basements, do not house combustible materials. Not specifically addressed
Provide working smoke detectors Yes
Provide a mailbox. Not specifically addressed
Provide working wiring for one telephone jack. Not specifically addressed
Provide working kitchen appliances. Not specifically addressed
Provide working carbon monoxide detector. Yes
Provide a working washer/dryer. Not specifically addressed

Louisiana’s state laws do not address many habitability issues.

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Sprinkler Systems

Not all states require existing apartment complexes, townhomes, and condos to have sprinkler systems. Many states do not require new construction to have sprinkler systems, either. However, Louisiana has enacted laws requiring “retroactive” installations for high rises.

Repairs, Recourse & Retaliation in Louisiana

If a rental property is in violation of the implied warranty of habitability in Louisiana, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.

Requesting Repairs in Louisiana

Louisiana tenants may request repairs through any method that communicates their needs effectively to the landlord, as long as this still enables the repair request to be made without delay. Written notice is legally preferable, since it helps prove the exact timing and contents of a repair request.

Renter’s Right if Repairs Aren’t Made in Louisiana

Renters in Louisiana have the right to repair for issues that affect health and safety, unless they caused the issue themselves. 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. Read More

Landlord Retaliation 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 any unfair conduct relating to a public interest.

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.