Louisiana Statewide Rule
Louisiana Lessor Warranty and Duty to Repair (Habitability)
Key Facts
- Source of duty
- Civil Code warranty, not URLTA
- Maintain suitable condition
- La. Civ. Code art. 2682
- Duty to repair
- La. Civ. Code art. 2691
- Lessee exception
- Repairs the lessee is responsible for
- Tenant remedies
- Repair-and-deduct, rent reduction, dissolution
Summary
Louisiana imposes habitability through the Civil Code lease warranty. La. Civ. Code art. 2682 binds the lessor to deliver and maintain the premises 'in a condition suitable' for its purpose, and art. 2691 requires the lessor to make all repairs that become necessary, except those the lessee is responsible for.
The lessor is bound: (1) To deliver the thing to the lessee; (2) To maintain the thing in a condition suitable for the purpose of which it was leased; and (3) To protect the lessee's peaceful possession for the duration of the lease.
Full Breakdown
Louisiana does not use the URLTA; the lessor's habitability duty flows from the Civil Code. La. Civ. Code art. 2682 lists the lessor's principal obligations: 'to deliver the thing to the lessee,' 'to maintain the thing in a condition suitable for the purpose for which it was leased,' and 'to protect the lessee's peaceful possession.' Article 2691 adds that 'during the lease, the lessor is bound 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.' If the lessor fails to repair after notice, the lessee may, under related lease articles, make the repair and deduct the cost, obtain a rent reduction, or dissolve the lease.
Violations & Penalties
No fixed statutory fine. A lessor who fails to maintain or repair may face a rent reduction, the lessee's repair-and-deduct, or dissolution of the lease, plus damages, under the Civil Code lease articles (arts. 2682, 2691, and following).
Frequently Asked Questions
Does Louisiana have a warranty of habitability?
Can a Louisiana tenant repair and deduct?
Who is responsible for repairs in a Louisiana rental?
Sources
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