Once repairs are made, a tenant may demand reimbursement or deduct from rent due.1 A tenant under a long-term lease has a right to make deductions for repairs up to the amount due under the lease.2 As a practical matter, a tenant with a month-to-month lease is probably limited to making repairs that do not exceed the monthly rent.3 However, use of Article 2694 is risky for month-to-month tenants because a landlord may respond to a repair-and-deduct remedy by issuing a 10-day notice to terminate a month-to-month lease. Louisiana does not have a statutory prohibition against retaliatory evictions.
On July 1, 2023, Sections 26-680 and 26-681 of the New Orleans Municipal Code took effect. These sections prohibit retaliatory eviction and nonrenewal of lease if a tenant has made a repair request or complaint. The ordinance creates a rebuttable presumption of retaliation if the action for eviction or nonrenewal occurs within 6 months of a verifiable repair-related complaint.