Legal Question in Landlord & Tenant Law in Louisiana
Does repair and deduct cover replacement?
I am renting a place with a 25 year old stove that quit working. The landlord is taking his time, so I intend to use the repair and deduct law to fix it. However, it is so old that it is un-repairable. Can I deduct the cost of a new one to replace it?
1 Answer from Attorneys
Re: Does repair and deduct cover replacement?
That's a close call. The law specifies that you pay for repairs, nor replacement. However, if you are prepared to prove that replacement would be less expensive than repair, you are probably on solid ground.
Be aware that the law requires you to give WRITTEN notice to the landlord that the repair is needed and wait a reasonable time before bringing in a repairman. You also have to keep all records and receipts.
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