106 So. 3d 724
La. Ct. App.2012Background
- Ms. Sauer, owner of 307 South Cortez Street, sued tenant Sandra Johnson to evict after a thirty-day notice of non-renewal following a month-to-month lease.
- Initial lease term ended March 31, 2011; after that, lease continued on a month-to-month basis; Johnson received Section 8 housing assistance.
- October 31, 2011 Sauer gave a thirty-day notice to vacate; December 1, 2011 a five-day notice to vacate was posted for non-compliance with the thirty-day notice.
- Johnson answered with a lis pendens in Civil District Court asserting FHA discrimination claims and third-party beneficiary rights under Sauer’s contract with the Housing Authority, seeking declaratory, injunctive, and equitable relief plus fees.
- Trial court overruled Johnson’s lis pendens exception, granted Sauer’s rule for possession, and ordered Johnson to vacate within 24 hours; Johnson appealed.
- On appeal, the court held lis pendens overruled and that Sauer could evict a month-to-month tenant without good cause, while Johnson’s discrimination claim could proceed in Civil District Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lis pendens was properly overriden | Johnson argues lis pendens should dismiss eviction suit. | Sauer argues lis pendens not applicable across suits from same transaction. | Lis pendens properly overruled |
| Whether good cause is required to evict after month-to-month | Johnson contends good cause required under HAP contract for any eviction. | Sauer asserts no good-cause requirement after lease termination with thirty-day notice. | No good cause required; eviction affirmed |
Key Cases Cited
- Revel v. Charamie, 926 So.2d 582 (La.App. 4 Cir. 2006) (lis pendens test mirrors res judicata; final judgment in first suit controls later suit)
- Granger v. Tri-Tech, LLC, 981 So.2d 88 (La.App. 3 Cir. 2008) (month-to-month reconduction depends on proof; extension term not proven => reconducted month-to-month)
- Governor Claiborne Apartments, Inc. v. Attaldo, 235 So.2d 574 (La.1970) (assent to contract implied but must be proven; fixed-term lease required clear terms)
- Capone v. Kenny, 646 So.2d 510 (La.App. 4 Cir. 1994) (owner may terminate at end of term without reason; month-to-month may permit eviction after notice)
- Mascaro v. Hudson, 496 So.2d 428 (La.App. 4 Cir. 1986) (cited for consideration of fixed vs. month-to-month termination context)