Under the Louisiana Civil Code, the landlord-tenant relationship regarding maintenance is governed by an implied warranty that the property is suitable for the purpose for which it was leased.

Unlike many states that aggressively outline a detailed, itemized list of what a landlord must maintain (the "implied warranty of habitability"), Louisiana law relies on broader Civil Code definitions that divide responsibilities between "major" and "minor" repairs.

Official Law Citation: The rules and regulations outlined on this page are governed by Louisiana Civil Code Art. 2691-2694Peržiūra nepasiekiama.

The Landlord's Core Obligations: Major Repairs

According to Louisiana Civil Code Art. 2691, during the lease, the landlord (lessor) is bound to make all repairs necessary to maintain the property in a condition suitable for its intended residential use, except those repairs that the tenant (lessee) is responsible for.

Generally, Louisiana landlords are responsible for:

• Structural Integrity: The roof, foundation, major plumbing lines, and load-bearing walls.
• Major Systems: The primary electrical panel, the central HVAC system, and supplied central water heaters.
• Code Compliance: Ensuring the property meets basic, local health and safety housing codes.

The Importance of Notice

A landlord is generally not liable for a defect until they have been put on notice of the problem. A tenant must notify the landlord (in writing is the strongly advised best practice) of the need for a major repair, and the landlord must then be given a "reasonable time" to address the issue.

The Tenant's Obligations: Minor Repairs

Louisiana Civil Code Art. 2683 states that the tenant is bound to use the property as a "prudent administrator." Tenants are generally responsible for:

• Keeping the unit clean and sanitary.
• Proper disposal of garbage.
• Minor, everyday repairs and maintenance (e.g., changing light bulbs, replacing HVAC air filters, plunging a toilet).
• Fixing damages caused by their own negligence or the negligence of their guests (e.g., a broken window from a thrown object).

If a tenant causes damage, the landlord can require the tenant to repair it, or the landlord can repair it and bill the tenant (eventually deducting it from the security deposit if unpaid).

Tenant Remedies for Landlord Failure

If a Louisiana landlord fails to make necessary major repairs after receiving proper notice and a reasonable time to act, the tenant has specific, though strict, legal remedies.

1. The "Repair and Deduct" Remedy

Under Louisiana Civil Code Art. 2694, if the landlord refuses to make necessary major repairs, the tenant has a statutory right to make the repairs themselves and deduct the cost from their rent. However, this is highly restricted and must be executed perfectly by the tenant:

• The tenant must first formally demand the landlord to act.
• The landlord must explicitly refuse to make the repair or fail to do so within a reasonable time.
• The tenant must prove the repair was absolutely necessary to keep the premises in a livable condition.
• The price paid by the tenant for the repair must be "just and reasonable."
• The tenant provides the receipt to the landlord when paying the reduced rent.

(Note: If the tenant uses the "repair and deduct" method improperly-such as for a cosmetic issue-the landlord can treat the shorted rent as a default and initiate a 5-Day Notice to Vacate for non-payment).

2. Lease Dissolution (Constructive Eviction)

In extreme cases where the property becomes completely uninhabitable (e.g., total failure of plumbing or major roof collapse) and the landlord refuses to act, the tenant may seek to dissolve the lease and vacate the premises without penalty.

How Landager Helps

Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Louisiana regulations.

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