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Louisiana mold laws and tenant rights

Louisiana Mold Laws and Tenant Rights

Everything you need to know about mold regulations, tenant protections, and landlord responsibilities in Louisiana.

Last updated: 2026-02-02

Overview

Louisiana does not have specific mold legislation, but relies on its unique civil law system (based on the Napoleonic Code) to address mold issues through implied warranty of habitability provisions. Unlike most states, Louisiana does not follow the Uniform Residential Landlord-Tenant Act (URLTA). Instead, landlord-tenant relationships are governed by the Louisiana Civil Code Articles 2668-2744. While there are no mold-specific statutes, landlords must maintain rental properties free of hazards including mold under the general habitability requirements. Louisiana created a Toxic Mold Task Force to study mold issues and advise the legislature on policies to protect tenants and consumers. [Loyola University New Orleans - Louisiana Landlord-Tenant Law]

What to Do Now

Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.

  • Fix active leaks immediately and dry wet materials within 24 to 48 hours.
  • Document visible mold with photos, dates, and affected rooms before cleanup.
  • If you rent, send written notice and keep copies. Use the documentation guide to track everything.
  • Compare your options in the DIY vs professional guide before starting larger cleanup.
  • If symptoms are present, review when to seek medical care.

Tenant Rights

Right to Habitable Premises

Tenants have the right to a rental property that is safe, sanitary, and livable under the implied warranty of habitability. This includes the right to a property free from health hazards such as mold, with functional plumbing, heating, cooling, and electrical systems.

[Louisiana Law Help - State Regulations of Rental Housing]

Right to Repair and Deduct

If a landlord fails to make necessary repairs within a reasonable time after written demand, tenants may arrange for the repairs themselves and either deduct the cost from rent or demand immediate reimbursement. The repairs must be necessary and the costs must be reasonable.

[Louisiana Civil Code Article 2694 - Lessee's right to make repairs]

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Landlord Responsibilities

Maintain Habitable Conditions

Landlords must make all repairs necessary to maintain the rental property in a condition suitable for habitation. This includes ensuring structural soundness, weatherproofing, functional plumbing with hot and cold water, heating and cooling systems, and electrical systems in good repair.

[Louisiana Civil Code Article 2691]

Address Mold and Moisture Issues

Louisiana landlords must make necessary repairs to keep the premises suitable for the intended use. This includes addressing leaks and moisture issues that contribute to mold growth within a reasonable time after notice.

[Louisiana Civil Code Article 2691]

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Remedies Available to Tenants

Rent Withholding

Not Available: Louisiana does NOT allow tenants to withhold rent to compel landlords to make repairs. Withholding rent can result in eviction for nonpayment. Instead, tenants must use the repair and deduct remedy or seek a court-ordered rent reduction. It is advisable for tenants to sue affirmatively for a rent reduction or abatement rather than unilaterally withholding rent.

[Loyola Pro Bono Desk Manual - Louisiana Landlord-Tenant Law]

Repair and Deduct

Available: Tenants may use repair and deduct after providing written notice to the landlord and allowing a reasonable time for repairs (generally 14 days, sooner for emergencies). The repairs must be necessary and the costs must be reasonable. Tenants can make repairs and deduct the cost from rent, or demand immediate reimbursement. The Louisiana Supreme Court has held that tenants may also deduct first and then make the repairs.

[Louisiana Civil Code Article 2694]

Breaking a Lease Due to Mold

Louisiana tenants may terminate a lease without penalty in cases of constructive eviction or when the property becomes uninhabitable. To terminate for habitability issues, tenants must: (1) have a truly serious problem such as lack of essential services or health hazards, (2) provide written notice to the landlord explaining the failure to make repairs, and (3) generally must vacate the premises to claim the unit is uninhabitable. If a property is officially condemned or declared unsafe, the lease automatically ends. Natural disasters rendering the unit uninhabitable may also justify lease termination without further rent obligation. [iPropertyManagement - Breaking a Lease in Louisiana]

Documentation and Escalation

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Mold Risk in Louisiana

Understanding Louisiana's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.

Louisiana's Humid Subtropical Climate

Louisiana has a humid subtropical climate with hot, humid summers and mild winters. The state receives 55-65 inches of rainfall annually, with humidity levels consistently among the highest in the nation—averaging 75-90% in summer months. New Orleans averages 90% morning humidity year-round. This persistent moisture creates ideal conditions for year-round mold growth.

Highest Mold Risk in the Nation

Louisiana consistently ranks as the #1 or #2 state for mold exposure risk in the United States. Studies indicate that Louisiana, along with Mississippi and Florida, have the highest percentage of mold-affected housing in the nation. The combination of extreme humidity, frequent rainfall, hurricane damage, and aging housing stock makes Louisiana particularly challenging for mold prevention.

Louisiana Mold Health Impact

Louisiana has elevated rates of respiratory illness and asthma, with indoor mold identified as a significant contributing factor. The Louisiana Department of Health recognizes mold exposure as a public health concern, particularly following flooding events. After Hurricane Katrina in 2005, researchers documented widespread mold contamination affecting tens of thousands of homes and contributing to respiratory health problems.

Hurricane and Flood Damage

Louisiana faces extreme hurricane and flood exposure. Major hurricanes including Katrina (2005), Isaac (2012), Laura (2020), and Ida (2021) have caused catastrophic flooding and subsequent mold problems affecting hundreds of thousands of homes. FEMA and CDC have documented extensive mold exposure in Louisiana communities following these disasters.

Toxic Mold Task Force

Louisiana established a Toxic Mold Task Force under Louisiana Revised Statutes Section 40:1289.3 to advise the legislature on policies protecting tenants from mold exposure. This task force includes representatives from health departments, housing organizations, and real estate associations, demonstrating the state's recognition of mold as a significant public health concern.

Common Mold Types in Louisiana

Louisiana's position as the most humid state in the nation, combined with frequent hurricanes and flooding, creates year-round ideal conditions for mold growth. Post-storm mold contamination is a persistent public health concern.

Stachybotrys chartarum (Black Mold)

High Health Risk

Thrives in Louisiana's persistent humidity on water-damaged materials. Produces mycotoxins that can cause severe respiratory problems, neurological symptoms, and immune system effects.

Aspergillus niger

Moderate Health Risk

Extremely common in Louisiana's humid environment. Found on damp walls, food, and organic debris. Can cause aspergillosis in immunocompromised individuals.

Cladosporium

Moderate Health Risk

Most common outdoor and indoor mold in Louisiana. Thrives in the humid subtropical climate. Triggers allergic reactions and asthma attacks.

Chaetomium

High Health Risk

Common in flood-damaged Louisiana homes, particularly after hurricanes. Grows on drywall, wallpaper, and cellulose materials. Produces mycotoxins with serious health effects.

Fusarium

Moderate Health Risk

Found in water-damaged carpets and fabrics common after Louisiana flooding. Can cause eye, skin, and nail infections, and may produce trichothecene mycotoxins.

Mold Professional Requirements in Louisiana

Mold Remediation Contractor License

Louisiana requires contractors performing mold remediation work exceeding $7,500 to obtain a Mold Remediation license from the Louisiana State Licensing Board for Contractors (LSLBC). Applicants must complete 24 hours of approved mold remediation training covering topics including mold biology, health effects, assessment, containment, remediation procedures, safety protocols, and Louisiana's "Unfair Trade Practices and Consumer Protection Law." Contractors must maintain general liability insurance of at least $100,000 and workers' compensation insurance. Act 422 (SB 122), effective August 1, 2025, formally elevated "mold remediation" to a full contractor classification, increased the net worth threshold from $10,000 to $25,000, eliminated the option to satisfy net worth via bond (only irrevocable letter of credit is accepted as alternative), and strengthened enforcement powers. Licenses can be renewed every 1, 2, or 3 years at the licensee's choice.

Certifying Body: Louisiana State Licensing Board for Contractors

Regulatory Agency

Louisiana State Licensing Board for Contractors

Visit Website → | Phone: 225-765-2301

Mold Legislation in Louisiana

Enacted laws, pending bills, and historical legislation related to mold in Louisiana.

Enacted Laws

Act 422: Mold Remediation License Classification

Enacted2025Effective: 2025-08-01

Adds mold remediation as a formal licensure classification under the State Licensing Board for Contractors (previously a subclassification). Increases net worth threshold from $10,000 to $25,000 for mold remediation contractors. Raises liability insurance minimum to $100,000. Eliminates the option to satisfy net worth requirements via bond or security (irrevocable letter of credit is the only alternative). Gives the licensing board more power to issue fines and stop unlicensed work.

Impact: Formalized and strengthened mold remediation licensing in Louisiana, increasing financial responsibility requirements and eliminating bond workarounds for net worth compliance.

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Implied Warranty of Habitability

Under Louisiana Civil Code Article 2691, landlords are bound to make all repairs necessary to maintain the rental property in a condition suitable for the purpose for which it was leased. This is known as the implied warranty of habitability. The landlord must provide a rental that is free of vices or defects that prevent its use as intended. This includes maintaining functional plumbing, heating and cooling systems, electrical systems, and addressing health hazards such as mold. This duty exists even if not mentioned in the lease agreement. [Louisiana Civil Code Article 2691 - Lessor's obligation for repairs]

Mold Disclosure Requirements

Louisiana does not have a statewide mold disclosure requirement for rental properties. Federal lead-based paint disclosure requirements still apply to pre-1978 properties. [Louisiana Attorney General - Landlord-Tenant Law Guide]

Notable Mold Court Cases in Louisiana

These cases have shaped mold litigation and tenant rights in Louisiana. Understanding legal precedents can help inform your own situation.

Terrebonne Parish School Board v. Mobil Oil (2002)

Summary: School district sued after extensive mold contamination was discovered in multiple school buildings following roof leaks and water damage. The case highlighted the responsibility of property managers to address moisture intrusion promptly.

Outcome: Settlement reached requiring comprehensive remediation and establishing protocols for moisture management in public buildings.

Significance: Established precedent for institutional mold liability in Louisiana and influenced school building maintenance standards statewide.

Local Regulations

Some cities in Louisiana have additional mold regulations:

Local regulations are available with the Mold Toolkit

1 city-specific regulations

Major City Mold Guides

Start with a local guide, then review the full Louisiana mold law details.

Financial Assistance for Mold Remediation

These programs may help cover the costs of mold assessment and remediation for eligible residents in Louisiana.

Louisiana Housing Corporation Emergency Repair Program

Provides grants for emergency home repairs including mold remediation for low-income homeowners affected by disasters or emergency conditions.

Eligibility: Louisiana homeowners at or below 80% of Area Median Income

Coverage: Up to $25,000 for emergency repairs including mold remediation

Phone: 225-763-8700Learn More →

USDA Section 504 Home Repair Program

Federal program providing loans and grants to very low-income rural homeowners for repairs including mold remediation to remove health and safety hazards.

Eligibility: Very low-income homeowners in rural Louisiana areas

Coverage: Loans up to $40,000 at 1% interest; Grants up to $10,000 for elderly homeowners

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FEMA Individual Assistance

Following federally declared disasters (common in Louisiana due to hurricanes), FEMA provides grants for home repairs including mold remediation caused by the disaster.

Eligibility: Louisiana residents in declared disaster areas with uninsured or underinsured losses

Coverage: Varies by disaster declaration; typically covers necessary mold remediation from disaster damage

Phone: 1-800-621-3362Learn More →

University Extension Resources

These research-based resources from university extension programs provide reliable information on mold prevention and remediation.

Frequently Asked Questions

Does Louisiana have specific mold laws for rental properties?

No, Louisiana does not have specific state laws addressing mold in rental properties. However, mold is covered under the general implied warranty of habitability found in Louisiana Civil Code Article 2691, which requires landlords to maintain rental properties in suitable condition. Additionally, New Orleans has enacted the Healthy Homes Ordinance which explicitly prohibits mold in rental units.

Can I withhold rent if my Louisiana landlord refuses to fix a mold problem?

No, Louisiana does not allow tenants to withhold rent to force repairs. Withholding rent can result in eviction for nonpayment. Instead, you can use the repair and deduct remedy under Louisiana Civil Code Article 2694, file a lawsuit seeking rent reduction, or terminate the lease if conditions are severe enough to constitute constructive eviction.

How do I use the repair and deduct remedy for mold in Louisiana?

First, provide written notice to your landlord demanding mold remediation. If the landlord fails to make repairs within a reasonable time (generally 14 days, sooner for emergencies), you may hire a licensed contractor to remediate the mold. You can then deduct the reasonable cost from your rent or demand immediate reimbursement from the landlord. Keep all documentation and receipts.

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Official Resources

These official resources can help you understand your rights and take action: