119 So. 3d 839
La. Ct. App.2013Background
- HANO filed a Rule for Possession of Premises on July 6, 2012 seeking eviction of Keyimi King from 1114 North Rocheblave Street.
- Eviction grounded on King’s alleged violation of HANO’s “One Strike and You’re Out” policy for criminal activity, including May 4, 2012 arrest.
- Notice to Vacate (June 22, 2012) referenced the policy and CFR 966.4; tenants were told to vacate within ten days or eviction would proceed.
- Lease Section IX contains similar prohibitions on criminal activity by residents or those under the resident’s control, though not identical to the CFR language.
- At the eviction hearing, HANO offered no testimony or documentary evidence; the court relied on argument and later relied on a police report not properly admitted.
- Court ultimately granted the eviction; King proffered testimony about the incident, and the trial court indicated the arrest supported eviction regardless of case outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did HANO prove a lease violation by a preponderance of the evidence? | HANO argues the lease prohibits criminal activity that threatens others’ rights. | King contends no admissible evidence established a lease violation. | No; eviction reversed for lack of proof. |
| Was the trial court's eviction based on inadmissible hearsay (police report)? | HANO maintains the report supports the violation. | King argues the report was not properly authenticated and inadmissible. | Yes; legal error to rely on it. |
| Should the appellate review be de novo where trial fact-finding was tainted? | HANO asserts standard review is appropriate given the trial court’s findings. | King argues tainted fact-finding requires de novo review of the record. | De novo review applicable; judgment reversed. |
Key Cases Cited
- Caluda Realty v. Fifth Business, L.L.C., 948 So.2d 1137 (La. App. 5 Cir. 2006) (eviction standard when landlord bears burden)
- Interstate Realty Management Co. v. Price, 86 So.3d 798 (La. App. 4 Cir. 2012) (One Strike policy supports eviction when multiple lease terms violated)
- Urban Homeowners’ Corp. v. Abrams, 692 So.2d 673 (La. App. 4 Cir. 1997) (tainted trial evidence may require de novo review)
- River Garden Apartments v. Robinson, 108 So.3d 352 (La. App. 4 Cir. 2013) (upholding review of lease violation evidence in eviction context)