La. Stat. Ann. § R.S. 9:3221
Assumption of responsibility by lessee; liability of owner
Operative Text
§3221. Assumption of responsibility by lessee; liability of owner Notwithstanding the provisions of Louisiana Civil Code Article 2699, the owner of premises leased under a contract whereby the lessee assumes responsibility for their condition is not liable for injury caused by any defect therein to the lessee or anyone on the premises who derives his right to be thereon from the lessee, unless the owner knew or should have known of the defect or had received notice thereof and failed to remedy it within a reasonable time.
Under La. R.S. § 9:3221, when a lease agreement includes a clause in which the tenant takes on responsibility for the condition of the property, Louisiana law generally shifts liability for defect-related injuries away from the owner. However, this protection does not apply if the owner knew or should have known about a defect—or was notified of one—and failed to address it within a reasonable time. The rule modifies the default liability framework that would otherwise apply under Louisiana Civil Code Article 2699.
Plain English — not legal advice.
La. R.S. § 9:3221 allows property owners to include lease provisions that transfer responsibility for property conditions to the tenant, which can limit the owner's exposure to injury claims arising from defects. Compliant operators who rely on this protection still take care to address defects promptly once they become aware of them, because actual or constructive knowledge of a defect—combined with inaction—can restore liability to the owner. Maintaining clear records of inspection, tenant communications, and repair timelines is a practice commonly associated with operators who seek to preserve the protections this statute can offer.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
La. R.S. § 9:3221 means that even if your lease contains a clause making you responsible for the property's condition, your landlord may still bear liability for injuries caused by defects they knew about or should have known about and failed to fix in a reasonable time. If you were injured due to a defect and had previously notified your landlord, that notice history can be relevant to whether the owner's liability protection under this statute applies. Tenants in this situation may consider consulting a tenant-rights organization or legal aid service to understand how this provision interacts with their specific lease terms.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation