A tenant facing eviction has the right to appear in court and present defenses.
Louisiana law recognizes several grounds on which a tenant may successfully
resist eviction, ranging from procedural defects in the landlord’s case to
substantive protections under state and federal law.
Tenant Remedies Process
Landlord breach of contract or statutory duty
CC 2694; CC 2719 et seq.
Tenant Landlord Justice of the Peace
Identify landlord breach (failure to repair, security deposit not returned, illegal lockout).
Louisiana law requires at least five days’ notice to vacate before filing an
eviction — unless the lease contains a valid waiver. A tenant may defend by
showing:
No notice was given
Notice was given but was defective (unclear, wrong address, etc.)
Notice period had not expired when the petition was filed
Louisiana Civil Code article 2694 allows a tenant to make necessary repairs and
deduct the cost from rent when the landlord fails to maintain the property. This
remedy is a valid defense to eviction for nonpayment if:
The property needed repair not caused by the tenant
The tenant notified the landlord in writing
The landlord was given reasonable time to repair
The landlord failed to make the repair
The tenant made the repair at reasonable cost
The tenant properly deducted the amount from rent
Important limitations:
The repair is required to be necessary — not merely cosmetic
The cost is required to be reasonable — not inflated
The tenant is required to have proof (receipts, photos, written notice)
The deduction cannot exceed the repair cost
A tenant who deducts rent for repairs without following this procedure may face
eviction for nonpayment.
If a defect diminishes the property’s usefulness, the tenant may be entitled to
a reduction in rent proportional to the diminution. This is different from
repair and deduct — here the tenant seeks to pay less because the property is
worth less, not to offset repair costs.
The landlord is responsible for repairs necessary to maintain the property in
suitable condition, except for deterioration from the tenant’s fault or normal
wear.
Louisiana Civil Code article 2682 establishes the landlord’s warranty of
peaceful possession. If the landlord substantially breaches this warranty —
making the property uninhabitable or interfering with the tenant’s use — the
tenant may be relieved of the obligation to pay rent.
Examples of substantial breach:
Failure to provide essential services (water, heat, electricity where
promised)
Failure to make repairs that render the property uninhabitable
Harassment or interference with the tenant’s peaceful enjoyment
If a landlord accepts rent after becoming aware of a lease violation, the
landlord may have waived the right to evict for that violation. The acceptance
is required to be knowing — if the landlord did not know about the violation
when accepting rent, there is no waiver.
Similarly, accepting rent after serving notice to vacate may waive the eviction,
creating a new rental period through tacit reconduction.
While Louisiana does not have a specific anti-retaliation statute like some
states, tenants may argue that an eviction is retaliatory when it follows
protected activity such as:
Complaining to code enforcement about habitability issues
Reporting the landlord to health or safety authorities
Exercising legal rights under the lease
Organizing with other tenants
Evidence of retaliation includes:
Close timing between protected activity and eviction notice
Landlord statements suggesting retaliation
Pattern of no prior complaints followed by immediate eviction after tenant
action
Federal and state fair housing laws prohibit housing discrimination based on
protected characteristics. A tenant may defend against eviction by showing it is
discriminatory.
The Fair Housing Act does not apply to certain housing arrangements under 42
U.S.C. § 3603(b):
Single-Family Home Exemption: A private individual owner who owns no more
than three single-family homes at one time may sell or rent without complying
with the Act, provided the owner does not use a real estate broker or agent and
does not publish discriminatory advertising.
Owner-Occupied Dwelling Exemption (“Mrs. Murphy”): Rooms or units in
dwellings containing four or fewer families living independently are exempt if
the owner occupies one of the units as a residence.
These exemptions do not apply to discriminatory advertising, which remains
prohibited under 42 U.S.C. § 3604(c). Additionally, the Civil Rights Act of 1866
(42 U.S.C. § 1982) prohibits all racial discrimination in property transactions
with no exemptions.
Louisiana R.S. 51:2604(B) provides similar exemptions:
Single-Family Home Exemption: A private individual owner of no more than
three single-family homes who does not use a broker or agent. For sales by an
owner not residing in the home, the exemption applies to only one sale per
24-month period.
Owner-Occupied Dwelling Exemption: Dwellings with four or fewer families
living independently where the owner occupies one unit as a residence.
Additional exemptions under R.S. 51:2605 include religious organizations
limiting occupancy to members of the same religion (unless membership is
restricted by race, color, or national origin), private clubs providing lodging
to members, and housing for older persons (55+ with 80% occupancy or 62+
exclusively).
These exemptions do not permit discriminatory advertising under R.S.
51:2606(A)(3).
Disabled tenants are entitled to reasonable accommodations — modifications to
rules or policies that allow them equal enjoyment of the property. An eviction
for violation of a rule that was required to be modified as an accommodation may
be defended on this basis.
In some circumstances, a tenant who pays all rent due and costs before judgment
may avoid eviction. However, this is not an absolute right — it depends on the
grounds for eviction and the court’s discretion.
For nonpayment cases, prompt payment may cure the default. For other lease
violations, payment alone will not cure the breach.
A defendant may answer the rule. To preserve the right to a suspensive appeal,
the answer must be under oath and plead an affirmative defense entitling
retention of possession.
If the tenant loses at trial, an appeal may be filed. However, the appeal does
not automatically stop the eviction. To obtain a suspensive appeal — one that
delays the eviction while the appeal is pending — the tenant must:
Have answered the rule under oath with an affirmative defense entitling
retention of possession
Apply for appeal and file the appeal bond within twenty-four hours of
judgment
This site provides educational information about Louisiana Justice of
the Peace court procedures. This is not legal advice.
The information may not reflect current legal developments or apply to your
specific situation.
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