What does Louisiana law require a landlord to repair?

Verified August 30, 2026 All Louisiana topics →

Louisiana's landlord duty comes from the Civil Code: during the lease the lessor must make all repairs needed to keep the property suitable for the purpose it was leased for, and warrants that it is free of vices or defects that prevent that use.

Cited to La. Civ. Code art. 2691 (lessor's obligation for repairs) and 16 more cited sources · Verified August 30, 2026

There is no list of specific standards and no day count — the tenant must demand the repair, wait a reasonable time, and only then act. The tenant's remedy is unusual and easy to overstate: if the lessor does not perform, the lessee may have the repairs made and either demand immediate reimbursement or apply what was spent to the rent, with no cap of any kind, but only if the repairs were actually made and paid for and only to the extent they were necessary and the price reasonable. Withholding rent to force repairs is not allowed and the Louisiana Supreme Court has said so; there is no escrow, no court registry, and no pay-into-court anywhere in Louisiana landlord-tenant law. Ending the lease over conditions goes through a court, which chooses between reducing the rent and dissolving the lease. Louisiana also has no retaliation statute — tenants rely on the civilian abuse-of-rights doctrine, which courts will hear in the eviction itself but which no reported decision has yet allowed a tenant to win — and, unlike most states, a Louisiana residential lease may validly waive the warranty for anything short of defects that seriously affect health or safety.

Louisiana habitability & repairs at a glance

Where the duty comes from Statute — no independent court-created warranty operates alongside it
Duty source details The duty is codal, and it is old. Civil Code article 2691 binds the lessor during the lease 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, and article 2696 warrants that the thing is suitable for that purpose and free of vices or defects that prevent its use for it. Louisiana's courts attribute the warranty to the Code itself — in New Hope Gardens, Ltd. v. Lattin the court wrote that our Civil Code provides for a warranty by operation of law that the leased premises are fit for the purposes intended — and Louisiana never needed a court-made implied warranty of habitability, because the codal obligation predates the American warranty cases by more than a century. The Code does not use the word habitability at all.
Who is covered Statewide — no coverage split
Where the repair standards live A general fit-for-habitation standard with no statutory list
What must be kept in repair There is no list. Louisiana states one standard — the thing must be suitable for the purpose for which it was leased and free of vices or defects that prevent its use for that purpose — and no article in the lease title names heat, hot water, plumbing, electrical service, locks, smoke detectors, vermin, garbage, or common areas. The warranty covers vices and defects that arise after delivery and are not attributable to the lessee's fault, reaches defects the lessor did not know about, and in a residential lease protects everyone who lives in the premises under the lease, not just the person who signed it; a lessee who knows of a defect and does not tell the lessor may have any recovery reduced accordingly. Housing codes are not the measure: Louisiana courts have not applied state housing codes as standards of enforcement for these warranties, so a code violation is neither necessary nor sufficient to make out a breach. The lessee has a matching duty to repair damage caused by his own fault or by people on the premises with his consent, and any deterioration beyond normal or agreed use. And none of it is limited to homes — the same articles govern commercial leases, with the residential rules added on top.
Heat standard type No heat-specific standard beyond the general duty
Heat standard details No heat-specific figures or season stated
Headline repair day count No statutory day count — the notice and repair rules below govern
Notice and repair-window rules Louisiana states no day count anywhere. The lessee must first put the lessor in default by making a demand, and then allow a reasonable time; only if the lessor fails to perform within that time do the lessee's remedies open. The demand has a codal form but not a required writing: under article 1991 an obligee may put the obligor in default by a written request of performance, by an oral request made before two witnesses, by filing suit for performance, or under a specific provision of the contract. The Louisiana Supreme Court has held that the right to apply rent to repairs arises only after the lessor has refused or neglected to make them upon demand, and that a lessee may not anticipate a refusal — a lessor who answers the complaints, sends a contractor, seeks estimates and asks for reasonable time has not refused or neglected, even if the work is never finished. There is no separate or faster clock for any category of defect.
Repair and deduct Yes — authorized by statute — Limit: No cap of any kind. Article 2694 contains no dollar figure, no fraction of rent, no frequency limit, and no numerals at all, and no other article of the lease title and no section of the residential Revised Statutes range imposes one. The real limits are proof limits: the lessee may recover only to the extent the repair was necessary and the amount expended was reasonable, and the lessee carries the burden on both. — 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, and may then either demand immediate reimbursement of the amount spent or apply that amount to the payment of rent — the choice is the lessee's, not the lessor's. Four things have to line up, and the last one is where tenants lose: a demand, a reasonable time with no performance, repairs actually commenced within a reasonable time after the refusal and actually made and paid for by the lessee, and proof that the work was necessary and the price reasonable. This is not a withholding right. A lessee who simply stops paying rent to force the work loses the rent and the tenancy. The statute prescribes nothing else — no written estimate, no licensed contractor, no receipts requirement, no waiting period beyond a reasonable time, and no limit on how often the remedy may be used.
Rent withholding or escrow No — no statute or decision provides a path — Louisiana provides no rent-withholding right and no escrow of any kind — no court registry, no pay-into-court, no agency program, and no conditional deposit — in the Civil Code lease articles, in the residential Revised Statutes sections, or in the eviction articles of the Code of Civil Procedure. Withholding is not merely missing; the Louisiana Supreme Court has rejected it. Article 2694 gives the lessee the right to withhold rent only to apply it to the cost of repairs, and a lessee may not withhold rent to apply economic pressure on a lessor. An appellate court put the other half plainly: a lessee is not justified in retaining possession of the leased premises rent-free without pursuing one of the codal remedies, and the obligation to pay rent is not suspended by the lessor's breach. A tenant who withholds is in default on the rent and faces eviction on that ground. The one sum a Louisiana tenant may have to put up in this process is the bond for a suspensive appeal from a judgment of eviction, which is security against the lessor's damages from the delay, not a deposit of rent.
Termination over habitability failures Only on conditions materially narrower than the general repair duty — There is no notice-and-terminate track for bad conditions. Ending the lease over them runs through article 2715 and through a court: where, without the fault of the lessee, the thing is partially destroyed, lost, or expropriated, or its use is otherwise substantially impaired, the lessee may obtain a diminution of the rent or dissolution of the lease, whichever is more appropriate under the circumstances of both parties, and may also demand damages if the lessor was at fault. The court chooses between the two remedies; the tenant does not. One proviso reverses the menu: where the impairment was caused by circumstances external to the leased thing, the lessee is entitled to dissolution but not to a reduction in rent. Article 2693 covers the other direction — where the lessor exercises his own right to make a repair that cannot be postponed and that displaces the lessee, the lessee may obtain a reduction or abatement of rent, or dissolution, depending on the circumstances, including each party's responsibility for the repair, how long the work takes, and how much use was lost.
Essential-service remedies No distinct treatment beyond the general duty — Louisiana states no separate rule for heat, water, hot water, or electricity. No article of the lease title names a utility or a service, there is no faster clock, no substitute-housing right, and no provision letting a tenant buy a service and charge it back. A failed heater or a lack of hot water runs on exactly the same machinery as any other defect: demand, a reasonable time, then repairs made at the lessee's expense and reimbursed or applied to rent, or a suit for a reduction in rent, dissolution, or damages. One narrow related section requires a lessor to mitigate his damages where a lessee of commercial, residential, or dwelling premises has been constructively evicted and the premises were rendered uninhabitable through no fault of the lessee — it is a duty to mitigate, not a tenant remedy.
Retaliation protection Protected by judicial doctrine; no statute — Louisiana has no landlord-retaliation statute: there is no anti-retaliation provision in the Civil Code's lease title, in the residential Revised Statutes range, or in the eviction articles. What exists is judicial, and it comes from the civil law rather than from other states' statutes — the doctrine of abuse of rights, applied to a lessor's right to evict. Louisiana courts have entertained the defense on the merits in the summary eviction proceeding itself, testing whether the lessor exercised the right exclusively to harm the tenant or with the predominant motive of causing harm, whether the lessor had any serious and legitimate interest worthy of judicial protection, whether the right was used in violation of moral rules, good faith or elementary fairness, and whether it was exercised for a purpose other than the one for which it was granted. The honest state of it: the tenant carries the whole burden on all four criteria; there is no presumption, no time window, no burden shift, no enumerated protected activity, no statutory damages and no fee award; and in the reported decisions applying the doctrine to an eviction the tenant lost, including one where the notice to vacate closely followed the tenant's attorney's demand letter but the landlord's interest in emptying the building for extensive repairs was held legitimate. It is a real defense, and a hard one to win. — Nothing is enumerated, because there is no statute to enumerate it. The activities Louisiana tenants have argued were protected are resorting to legal counsel to obtain necessary repairs and organizing in or joining a tenants' rights organization while pressing for repairs. Whether an activity is protected is part of the same four-criteria question about the landlord's motive and interest, decided on the facts of the case.
Damages, penalties, and defenses The Civil Code lease articles state no penalty, no multiplier, and no attorney-fee award for a breach of the repair obligation or the warranty; the money remedies are reimbursement or application of repair costs to rent, a reduction in rent, dissolution, and ordinary damages where the lessor was at fault. Louisiana states no order-to-repair remedy either: no article authorizes a court to make a lessor do the work, and a court applying the wording that preceded the 2004 revision said it knew of no authority to order the property restored in any manner, and that the repair article does not empower a court to order substandard houses repaired to meet minimal housing codes. In an eviction, the tenant's ability to be heard is stronger than the summary procedure suggests: the court shall try the rule and hear any defense which is made, with no subject-matter filter, no verification requirement and no deposit. The severity is at the appeal stage. To keep possession while appealing a judgment of eviction, the tenant must have answered the rule under oath pleading an affirmative defense entitling him to retain possession, and must have applied for the appeal and filed a court-set bond within twenty-four hours after the judgment — the bond is set in an amount sufficient to protect the landlord against the damage the appeal causes, with no formula and no rent measure in the statute. Missing any element does not kill the appeal but strips it of suspensive effect, and the tenant is out of the premises while it proceeds. A tenant who raised the condition defense informally at trial has, by that informality, already lost the suspensive appeal. The landlord's defenses: the lessee's own fault or the fault of people there with his consent; the lessee's knowledge of a defect he never reported, which reduces recovery; a valid waiver within the limits of article 2699; the external-cause proviso barring a rent reduction; and, from the case law, no demand, no repair actually made, or a lessor who responded reasonably.
Can the duty be waived or shifted Waivable in part, with a stated floor or subject-matter limit
Waiver and delegation rules Louisiana is one of the few states where a lease may validly waive part of the habitability warranty. Article 2699 states waiver as the general position: the warranty may be waived, but only by clear and unambiguous language that is brought to the attention of the lessee. Three independent carve-outs then make a waiver ineffective, each of them only to the extent stated, so one clause can be good as to some defects and bad as to others. A waiver does not work as to vices or defects the lessee did not know about and the lessor knew or should have known about; it does not work so far as it is contrary to article 2004, which nullifies any clause excluding or limiting liability in advance for intentional or gross fault causing damage, or for causing physical injury; and in a residential or consumer lease it does not work so far as it purports to waive the warranty for vices or defects that seriously affect health or safety. The first two apply to every lease; the third is residential and consumer only. Two limits on that floor matter. It protects the warranty, not the repair obligation: the drafters of the 2004 revision wrote that the repair articles are not enacted for the protection of the public interest and that the parties keep the same freedom as under the old law to agree to a different division of responsibility for repairs. And it protects only serious health-or-safety defects, so a waiver of the warranty as to comfort and cosmetic defects in a Louisiana residential lease stands.
Leading court decisions Davilla v. Jones, 436 So. 2d 507 (La. 1983) — The lessee's right to apply rent to repairs arises only after the lessor has refused or neglected to make them upon the lessee's demand. The article gives a right to withhold rent only in order to apply it to the cost of the repairs, and a lessee may not anticipate a refusal or withhold rent to apply economic pressure on a lessor. On the facts, a lessor who answered every letter, sent a contractor and sought further estimates while asking for reasonable time had not refused or neglected, even though the repairs were never completed. The case applied the repair-and-deduct article to a commercial lease. • New Hope Gardens, Ltd. v. Lattin, 530 So. 2d 1207 (La. App. 2d Cir. 1988) — Stated that the Civil Code provides for a warranty by operation of law that the leased premises are fit for the purposes intended, and that Louisiana courts have not been inclined to apply state housing codes as standards of enforcement for these warranties. Set out the lessee's two options — sue for dissolution and damages, or make the repairs and deduct a reasonable cost from rent — and held that a lessee is not justified in retaining possession rent-free without pursuing one of them, so the obligation to pay rent was not suspended by the landlord's breach. Also entertained a retaliatory-eviction defense under the abuse-of-rights doctrine in the summary eviction proceeding, and found it not proved. • Real Estate Services, Inc. v. Barnes, 451 So. 2d 1229 (La. App. 4th Cir. 1984) — Treated a tenant's claim that the eviction was filed in retaliation for her resort to legal counsel to obtain necessary repairs as a question of abuse of rights, and set out the four criteria courts apply to that doctrine. The defense failed: the landlord's interest in emptying the building to make extensive repairs was a serious and legitimate interest, even though the notice to vacate closely followed the tenant's attorney's demand letter. • Stuckey v. Riverstone Residential SC, LP, 21 So. 3d 970 (La. App. 1st Cir. 2009) — Held that the statute allowing a lease to place responsibility for the condition of the premises on the lessee governs liability in tort for injuries caused by a defect, is not subject to the warranty-waiver article's requirement that a waiver be brought to the lessee's attention, and is not superseded by the general nullity for clauses limiting liability for physical injury. Drew the line the whole conflation turns on: there is a distinction between liability for damages occasioned by defects in leased premises and who has the obligation to repair those defects. The owner remains liable where he knew or should have known of the defect, or received notice of it and failed to remedy it within a reasonable time.
Local rules Louisiana's habitability standard is state law and is not measured by local housing codes — the courts have declined to use them as the standard of enforcement for the codal warranty, and no article incorporates a code by reference. Cities and parishes still enforce their own housing, health, and property-maintenance codes through their own machinery, and that is a separate track from the tenant's codal remedies. One Revised Statutes section declares that a lessor's rights, including the rights the Civil Code's lease title grants, shall not be altered, abridged or diminished except by state law — but the same sentence makes those rights subject to the reasonable exercise of the police power, which is the authority local health and safety codes are adopted under. It is preemption-flavored language rather than a clean bar on local regulation, and it has not been applied here to strike down a local tenant-protection ordinance.

Cite this page: "Landlord Atlas, Louisiana Habitability & Repair Laws (verified August 30, 2026), landlordatlas.com/laws/habitability/louisiana/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.

Notes and caveats

Common questions: Louisiana habitability & repairs

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

Does Louisiana have an implied warranty of habitability?
Statute — no independent court-created warranty operates alongside it. The duty is codal, and it is old. Civil Code article 2691 binds the lessor during the lease 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, and article 2696 warrants that the thing is suitable for that purpose and free of vices or defects that prevent its use for it.
How long does a landlord have to make repairs in Louisiana?
No statutory day count — the notice and repair rules below govern. Louisiana states no day count anywhere. The lessee must first put the lessor in default by making a demand, and then allow a reasonable time; only if the lessor fails to perform within that time do the lessee's remedies open.
Can a tenant repair and deduct in Louisiana?
Yes — authorized by statute — Limit: No cap of any kind. Article 2694 contains no dollar figure, no fraction of rent, no frequency limit, and no numerals at all, and no other article of the lease title and no section of the residential Revised Statutes range imposes one.
Can a tenant withhold rent for repair problems in Louisiana?
No — no statute or decision provides a path — Louisiana provides no rent-withholding right and no escrow of any kind — no court registry, no pay-into-court, no agency program, and no conditional deposit — in the Civil Code lease articles, in the residential Revised Statutes sections, or in the eviction articles of the Code of Civil Procedure. Withholding is not merely missing; the Louisiana Supreme Court has rejected it.
Can a landlord retaliate against a tenant who complains about repairs in Louisiana?
Protected by judicial doctrine; no statute — Louisiana has no landlord-retaliation statute: there is no anti-retaliation provision in the Civil Code's lease title, in the residential Revised Statutes range, or in the eviction articles. What exists is judicial, and it comes from the civil law rather than from other states' statutes — the doctrine of abuse of rights, applied to a lessor's right to evict.
Can a lease make the tenant responsible for repairs in Louisiana?
Waivable in part, with a stated floor or subject-matter limit. Louisiana is one of the few states where a lease may validly waive part of the habitability warranty. Article 2699 states waiver as the general position: the warranty may be waived, but only by clear and unambiguous language that is brought to the attention of the lessee.

Citations

How this record was verified: The Louisiana State Legislature's own text of the Civil Code title on lease — all sixty-three articles, articles 2668 through 2729, read in full one at a time with the statutory-history line the site prints for each — together with Civil Code articles 1989, 1991 and 2004. The twenty-one Revised Statutes sections of the residential lessor-lessee range, R.S. 9:3201 through 9:3261.2, read the same way. The eleven articles of Code of Civil Procedure Title XI on eviction of tenants and occupants, articles 4701 through 4736, plus the jurisdiction and appeal articles 4844, 4912, 4922, 4924, 4925 and 5001 through 5003. The enrolled text of Acts 2004, No. 821, the Law Institute revision that rewrote the lease title, including the Revision Comments printed inside it. The Legislature's complete act tables for the 2025 regular, 2025 first extraordinary and 2026 regular sessions, every subject line read and the enacting clause of every act touching the Code of Civil Procedure opened. And the official reporter texts of Davilla v. Jones, New Hope Gardens, Ltd. v. Lattin, Real Estate Services, Inc. v. Barnes, Evans v. Does, Stuckey v. Riverstone Residential SC, LP, Greely v. OAG Properties, LLC, 1205 St. Charles Condominium Association, Inc. v. Abel, Polk v. Buckhalter and Cole v. Thomas, each read in full.