5.2.4 Notice

Apollo Plaza Apartments v. Gosey.1  Court reversed an order evicting a federally subsidized tenant for an alleged lease violation, holding that the notice to vacate served upon the tenant was vague in that it did not specify the grounds for the eviction with enough detail for the tenant to prepare her defense. This case is significant because the notice to vacate was more specific than most notices. It stated the tenant had failed to abide by the rules and regulations of her lease by “using loud and profane language, excessive visitors in and out of her apartment, unauthorized guest staying in the apartment, along with excessive noise coming from your apartment.”

The notice also failed to advise the tenant that she had 10 days within which to meet with the landlord to discuss the termination or to advise her of her right to defend the action in court. The lease required that these statements be contained in the notice of lease termination. Nevertheless, the court held that no prejudice resulted from these omissions.2

200 Carondelet v. Bickham.3  Trial court’s consideration of new allegations noticed the morning of the eviction hearing violated a Permanent Supportive Housing/LIHTC tenant’s due process rights.

Second Zion Baptist Church #1 v. Pamela Jones.4  Where lease requires notice to cure, notice to vacate must be a separate notice and is premature prior to expiration of cure period. “We note that the five days’ notice to vacate, pursuant to La. C.C.P. art. 4701, is not the same as the five days’ written notice to cease and desist activity constituting a ‘nuisance’ under the terms of the lease.”

• 1599 So. 2d 494 (La. App. 3 Cir. 1992).
• 2But see Versailles Arms Apartments v. Pete, 545 So. 2d 1193 (La. App. 4 Cir. 1986) (holding that dismissal of the rule for possession is required for a landlord with the same notice provision in his lease that failed to advise the tenant of her right to defend the action in court or her right to meet with the landlord provided insufficient notice); accord Raintree Ct. Apartments v. Bailey, No. 98-C-1138 (La. App. 5 Cir. 1998), 33 Clearinghouse Rev. 343 (Sept.–Oct. 99).
• 32017-0328 (La. App. 4 Cir. 10/25/17), 316 So. 3d 955.
• 42017-CA-0926 (La. App. 4 Cir. 4/18/18), 245 So. 3d 9.