With the heat in Louisiana at a dangerous and debilitating level, I wanted to review what Landlord-Tenant law in Louisiana requires and provides.
At the outset, I note that, in 2023, Louisiana recorded 91 heat-related fatalities, the highest number ever documented in the state. (LA-DOH).
Further, life-threatening Louisiana heat is the cause of an average 2,700 emergency room visits each year for heat-related illnesses, and 260 people are hospitalized annually with an average stay of three days. (LA. Illuminator). In contrast, in 2023, Louisiana had only 11 cold-related fatalities (Nat. Weather Service).
I also discovered something surprising: air conditioning is legally classified as a luxury amenity—a comfort preference—rather than an essential survival requirement under state code. Only if a rental unit is advertised or leased with air conditioning is the landlord legally obligated to maintain that system in working order.
On the other hand, heating is required to prevent freezing or hypothermia in winter. Given the brutal heat we face—and those of us who live here know that our hot days in a given year are usually far more numerous than our cold days—I am astounded that state law does not require air conditioning.
The landlord-tenant relationship begins with the landlord’s Implied Warranty of Habitability. This means the landlord has an obligation to provide a habitable living space. What does “habitable” mean?
It means the landlord must deliver and maintain rental properties in a safe, sanitary condition that is suitable for human occupation. This includes the property being free of major “vices or defects” and complying with essential health and safety standards. Louisiana Civil Code Article 2682 defines the landlord’s obligations, which include delivering the property in good condition, maintaining it in a suitable, usable state, and ensuring the tenant’s peaceful possession.
Further, Civil Code Art. 2691 states “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.” So, a landlord must repair and maintain the structural soundness of roofs and walls, and foundations that are secure and weatherproof. Essential utilities include functioning plumbing, electricity, and safe heating/ventilation systems. Safety and sanitation include freedom from severe mold and pest infestations, working smoke/carbon monoxide detectors, and proper sewage disposal.
And, when this warranty is violated, state law outlines what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords. I note that if a landlord fails to make necessary repairs after being notified and given a reasonable time to make such repairs (perhaps 48-72 hours), a tenant may exercise their right to “repair and deduct,” in which the tenant hires a professional to fix the issue and deducts the reasonable cost of that repair from the rent. Please note that it is never advised that a renter withhold rent completely for repairs, as that may lead to eviction.
In fairness, I also share the obligations of tenants which include paying their rent fully, on time, every time it comes due. The rental unit should also be left in the same condition it was found—i.e., aside from the normal wear and tear of living, there should be no alterations to the condition of the house. However, tenants may be allowed to alter the premises if agreed upon by the landlord.
Tenants must also allow their landlords to have access to the property to fix urgent issues. Tenants are expressly liable for any damage they, family, or visitors, cause. (i.e., Art. 2687). If appliances are provided by the landlord, they must remain in the unit as well and not, obviously, be taken by the departing tenant (which constitutes unauthorized removal and theft).
In Louisiana tenants possess a fundamental right to a habitable home, the “repair and deduct” remedy, and protection from unlawful eviction. But, again, what is not automatically required by law is that tenants be provided air conditioning. How that meets the standard of “habitable” and “suitable for human occupation”—with the triple digit temperatures we are facing—confounds me.
Our laws are a reflection of the social fabric—the common denominator of agreed upon habits, beliefs, and values that codify what a society believes to be right—and wrong. The issue regarding the routine provision of air conditioning to tenants should be revisited while tenants owe an equally important obligation to respect the rental property.
Shreveport attorney, Royal Alexander, worked in D.C. in the U.S. House of Representatives for nearly 8 years for two different Members of Congress from Louisiana.