What a Lease Cannot Say

The warranty against defects may be waived, but only in clear and unambiguous language brought to the tenant's attention. Even then the waiver does not work:

• §La. C.C. art. 2699StatuteWaiver of warranty for vices or defectsOpens legis.la.gov ↗

• For defects the tenant did not know of and the lessor knew or should have known of.
• In a residential lease, for defects that seriously affect health or safety.

• §La. C.C. art. 2699StatuteWaiver of warranty for vices or defectsOpens legis.la.gov ↗

A lease may shift responsibility for the home's condition to the tenant, and the owner is then not liable for injuries from a defect unless the owner knew or should have known of it, or was told and did not fix it within a reasonable time.

• §La. R.S. 9:3221StatuteAssumption of responsibility by lessee; liability of ownerOpens legis.la.gov ↗

A waiver of the deposit protections is null and void, and so is any agreement to waive or modify a service member's right to end a lease early.

• §La. R.S. 9:3254StatuteWaiver of tenant's rights prohibitedOpens legis.la.gov ↗
• §La. R.S. 9:3261StatuteRights of military personnel to terminate leaseOpens legis.la.gov ↗