262 So. 3d 919
La. Ct. App.2018Background
- 1205 St. Charles Condominium Association (SCCA) sued to evict Clifford Abel (and June Abel) from Unit 405, alleging lease violations and nuisance conduct; SCCA attached the lease, condominium declarations, by‑laws, and rules to its Rule for Possession.
- SCCA provided written 30‑day notice to terminate the lease in February–March 2018 as authorized by the condominium documents. Trial court granted possession on April 17, 2018 and ordered the Abels to vacate by May 31, 2018.
- Evidence at the hearing included testimony from the SCCA president, residents, and security guards alleging repeated incidents from Nov. 2017–Jan. 2018: profanity, harassment, racial epithets, threats, and intrusive conduct (including handling other residents’ laundry).
- Abel testified and presented a board member who claimed some residents disliked him; Abel also raised procedural exceptions (insufficient notice, nonjoinder of owner and mother/co‑signor, and challenge to SCCA’s authority) and argued some conduct was exaggerated or explained by health issues.
- The trial court rejected Abel’s exceptions, found he was a nuisance in violation of the lease and condominium rules, and granted eviction. Abel’s attempt at a suspensive appeal failed because he had not filed an answer to the Rule under oath pleading an affirmative defense; the court converted the appeal to devolutive.
Issues
| Issue | Plaintiff's Argument (SCCA) | Defendant's Argument (Abel) | Held |
|---|---|---|---|
| Whether Abel's conduct constituted a lease‑term nuisance justifying eviction | Lease and condo documents prohibit nuisances; testimony shows repeated harassing, threatening, and offensive conduct | Conduct was minor or explained (health, harassment by others); some testimony biased | Court: Conduct reasonably found to be nuisance; eviction affirmed |
| Whether SCCA had authority to terminate lease and prosecute eviction | Condominium Declarations designate Association as lessor's agent with express right to terminate after 30 days' notice | Owner (lessor) was not joined; SCCA lacked authority unless owner joined | Court: SCCA was authorized agent under the Declarations; joinder not required; exception denied |
| Whether June Abel (co‑signor) or owner were indispensable parties and required to be joined | Complete relief can be granted without non‑resident co‑signor; only occupant (Clifford) had interest in possession | June Abel and owner are necessary/indispensable parties because they are signatories/owners | Court: June did not reside and made no claim; joinder not required under art. 641/642; no abuse of discretion |
| Whether the trial court lost jurisdiction by converting suspensive appeal to devolutive because bond was filed | SCCA: Abel did not comply with La. C.C.P. art. 4735 (no answer under oath pleading affirmative defense), so suspensive appeal unavailable | Abel: filing bond ousted trial court of jurisdiction and suspensive appeal should have stayed execution | Court: Abel did not file the required sworn answer pleading an affirmative defense; conversion to devolutive proper; prior writ denial stands |
Key Cases Cited
- Robichaux v. Huppenbauer, 245 So.2d 385 (La. 1971) (nuisance is a factual question; injunctive relief appropriate where neighbor's use threatens health/safety)
- Guste Homes Resident Mgmt. Corp. v. Thomas, 116 So.3d 987 (La. App. 4 Cir. 2013) (lessor bears burden to prove valid lease and lease violation by preponderance)
- Interstate Realty Mgmt. Co. v. Price, 86 So.3d 798 (La. App. 4 Cir. 2012) (tenants who do not answer Rule under oath are not entitled to suspensive appeal)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (appellate courts must defer to trial court credibility determinations)
- Sarpy v. de la Houssaye, 217 So.2d 783 (La. App. 4 Cir. 1969) (discusses requirement that answer under oath is necessary to obtain suspensive appeal in eviction actions)