265 So. 3d 1147
La. Ct. App.2019Background
- Tenant Myron Simms leased Apt. #13 at Magnolia Gardens beginning Dec. 26, 2017; landlord NOLA East, LLC filed for possession for unpaid May 2018 rent.
- Simms alleges apartment was uninhabitable from late Feb. 2018 due to sewage leaks, mold, a hole in the bathroom floor, and rodents; he informed management and paid March–April rent but stopped in May.
- Eviction hearing was held June 4, 2018; Simms contends he was not allowed to present evidence or raise habitability as a defense. Judgment of possession entered and warrant for eviction issued June 15, 2018.
- Simms moved for a new trial, attaching photos and a City inspection report (dated June 6, 2018) documenting multiple violations; counsel withdrew before the new-trial hearing and Simms proceeded pro se.
- Trial court denied the new trial and enforced eviction; the appellate majority reversed, vacated the possession judgment and warrant, and remanded for a new trial because Simms was not allowed to present defenses and new inspection evidence.
- A concurring dissent would have affirmed, reasoning Simms failed to pursue codal remedies (abatement, dissolution, or making repairs and deducting costs) and thus was not justified in withholding rent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tenant was denied right to present defenses in eviction hearing | Simms: was not permitted to present evidence of uninhabitable conditions and thus denied his day in court | NOLA East: landlord argued eviction hearing was proper; tenant failed to proffer evidence previously | Held: Appellate majority found tenant was not given opportunity to present defenses; reversal and remand for new trial |
| Whether habitability defects could excuse nonpayment of rent (rent abatement/dissolution) | Simms: defects made unit uninhabitable under La. Civ. Code art. 2693, entitling him to abate rent or seek dissolution | NOLA East: (as framed by dissent) withholding rent without pursuing statutory remedies is not permitted | Held: Majority did not resolve merits of abatement but remanded so Simms can offer defenses and evidence; dissent emphasized tenant must use codal remedies |
| Whether new evidence (City inspection report) warranted a new trial | Simms: inspection report and photos are new, material evidence that could not be presented earlier | NOLA East: did not file brief to contest; trial court denied new trial | Held: Majority found the inspection report and record raised grounds for new trial; reversed denial |
| Whether appellate court should vacate eviction judgment and remand | Simms: requested reversal and remand for full consideration of habitability defense | NOLA East: argued lower court proceeding was correct (per dissent) | Held: Majority vacated the June 4 possession judgment and June 15 warrant and remanded for new trial; one judge dissented |
Key Cases Cited
- Housing Authority of New Orleans v. Haynes, 172 So.3d 91 (La. App. 4th Cir. 2015) (standard of review for eviction judgments)
- Barham, Warner & Bellamy, L.L.C. v. Strategic Alliance Partners, L.L.C., 40 So.3d 1149 (La. App. 4th Cir. 2010) (abuse of discretion standard for new-trial rulings)
- Ganheart v. Exec. House Apartments, 671 So.2d 525 (La. App. 4th Cir. 1996) (landlord liability for known defects making premises uninhabitable)
- Davilla v. Jones, 436 So.2d 507 (La. 1983) (lessee may not withhold rent to coerce repairs; must use codal remedies)
- Wegener v. Lafayette Ins. Co., 60 So.3d 1220 (La. 2011) (appellate remand for justice and preventing miscarriage of justice)
- New Orleans Fire Fighters Pension & Relief Fund v. City of New Orleans, 242 So.3d 682 (La. App. 4th Cir. 2018) (appellate consideration of interlocutory rulings within a final appeal)
- KM, Inc. v. Weil Cleaners, Inc., 185 So.3d 112 (La. App. 2d Cir. 2016) (lessee remedies when lessor fails to repair)
- New Hope Gardens, Ltd. v. Lattin, 530 So.2d 1207 (La. App. 2d Cir. 1988) (lessee options: dissolution or repair-and-deduct)