When the Landlord Will Not Fix It
La. C.C. art. 2694 — after a demand and a reasonable time, the tenant may make a necessary repair and take it out of the rent
The lessor is bound to maintain the home in a condition suitable for the purpose it was leased for, and during the lease to make every repair that becomes necessary to keep it that way, except those that are the tenant's to make.
Repair, then deduct. If the lessor fails to make necessary repairs within a reasonable time after the tenant's demand, the tenant may have them made and either demand immediate reimbursement or apply the amount to the rent, but only to the extent the repair was necessary and the cost reasonable.
- The tenant repairs damage caused by his own fault or by people on the premises with his consent, and wear beyond normal use.
- A repair that cannot wait may be made during the lease even if it disrupts the tenant, and the tenant may then get a rent reduction or end the lease, depending on fault, how long it took, and how much use was lost.
What is necessary and what is reasonable are decided on the facts. A particular repair is a question for a licensed Louisiana attorney.
Sources for this section (5)
- La. C.C. art. 2682 — The lessor's principal obligations
- La. C.C. art. 2691 — Lessor's obligation for repairs
- La. C.C. art. 2692 — Lessee's obligation to make repairs
- La. C.C. art. 2693 — Lessor's right to make repairs
- La. C.C. art. 2694 — Lessee's right to make repairs
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.