La. Stat. Ann. § R.S. 9:3260
Premises rendered uninhabitable; mitigation of damages
Operative Text
§3260. Premises rendered uninhabitable; mitigation of damages When a lessee or tenant of commercial, residential, or dwelling premises has been constructively evicted from the premises, and when the premises are rendered uninhabitable through no fault of the lessee or tenant, the landlord or lessor shall be required to mitigate his damages.
Under La. R.S. § 9:3260, when a rental property becomes uninhabitable through no fault of the tenant—resulting in what is legally called a constructive eviction—the landlord is required to take steps to mitigate (limit) their own damages. This rule applies to commercial, residential, and dwelling premises alike. Rather than allowing losses to accumulate indefinitely, the law places an affirmative obligation on the landlord to act reasonably once the uninhabitable conditions arise.
Plain English — not legal advice.
Property owners and managers subject to La. R.S. § 9:3260 are generally expected to take prompt, reasonable steps to address conditions that render a unit uninhabitable when those conditions are not caused by the tenant. Compliant operators typically document the condition of the premises, make timely repair efforts, and avoid allowing damages to compound without action. Failing to mitigate can affect the landlord's ability to recover the full extent of claimed losses in any subsequent legal proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
La. R.S. § 9:3260 recognizes that when a rental unit becomes uninhabitable through no fault of the tenant, the landlord cannot simply let damages pile up—they are legally required to mitigate. Tenants who believe they have been constructively evicted under these circumstances may have grounds to raise the landlord's failure to mitigate as a defense or counterclaim in court. Consulting a tenant-rights organization or legal aid office can help tenants understand what documentation and steps are generally associated with asserting rights under this provision.
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.
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