Owner Gave Resident Proper Notice to Vacate
Facts: A resident signed a one-year lease to rent a unit designated for Section 8 housing. At the time of signing, the resident was required to sign an additional lease for a term of one year with the local housing authority. The lease set forth various rules and regulations that restrict certain actions and behaviors at the building.
Not long after the resident moved into the unit, the owner alleged that she began committing various infractions, such as allowing a person who wasn't on the lease to live with her in the unit. Although the resident denied it, the manager believed that a man was living in the unit, so he continued to inform the resident that a person not on the lease can't live in her unit and that a proper procedure existed for residents to have overnight guests.
The owner also claimed that the resident committed various other lease infractions, including parking additional cars not listed on the lease, bothering other residents, and making repeated unfounded requests for repairs.
As the end of the lease approached, the resident was sent two notices informing her that the lease wasn't being renewed and that she had 30 days to vacate the premises. The resident argued that these notices didn't comply with the applicable state and federal requirements. The owner sued to evict the resident. The trial court ruled for the owner, and the resident appealed on the grounds of defective notice.
Ruling: A Louisiana appeals court agreed with the lower court's decision.
Reasoning: The trial court considered the notices sent to the resident and found all notice requirements were satisfied. The notices were adequate, informative, and complied with the applicable laws and lease requirements. Also, the resident presented nothing that showed that the notices were inadequate. She was fully informed of the reasons for nonrenewal, she was given the appropriate time in which to vacate, and she was informed of her right to present a defense to any subsequent eviction proceeding.
- Trahan v. Beglis LLC, December 2011