To rely on lease violations to dissolve a lease, a landlord must introduce the lease into evidence. In Monroe Housing Authority v. Coleman, an eviction for an alleged lease violation or expiration was properly denied when the landlord failed to introduce the lease into evidence.1
Some common affirmative defenses to evictions for other lease violations follow.
- Tenant was not afforded opportunity to cure lease violation per rectification clause in lease or law.2 This can be raised as an affirmative defense in addition to as a prematurity or no cause of action exception (i.e., even if lease violation occurred, lease violation does not place tenant in default due to lack of opportunity to cure).
- Landlord failed to grant a reasonable accommodation for tenant’s disability that could mitigate the alleged violation.3
- Landlord’s actions constitute unlawful discrimination.4
- Eviction is for activity directly related to domestic violence where tenant facing eviction was the victim.5
- Possessor, whether in good faith or bad faith, may retain possession until reimbursed for certain expenses and improvements.6
- Landlord failed to give advance notice to tenant for strict enforcement of contract after an established custom altered the rental contract.7
- 146,307 (La. App. 2 Cir. 5/25/11), 70 So. 3d 871.
- 2Second Zion Baptist Church #1 v. Jones, 2017-0926 (La. App. 4 Cir. 4/18/18), 245 So. 3d 9, 14; Shell Oil v. Siddiqui, 98-CA-496 (La. App. 5 Cir. 12/16/98), 722 So. 2d 1197; Sands v. McConnell, 426 So. 2d 218, 219 (La. App. 4 Cir. 1982); Ford v. Indep. Bakers Supply, Inc., 385 So. 2d 580, 581 (La. App. 4 Cir. 1980). But see Lobell v. Rosenberg, 2015-0247 (La. 10/14/15), 186 So. 3d 83, 89 (where lease contained a 30-day opportunity to cure, the notice of violation did not specifically need to give formal notice of the cure period).
- 3Renewal Homes v. Laneheart, 2017-0199 (La. App. 4 Cir. 10/18/17), 316 So. 3d 936, 942. But see Guste Homes Resident Mgmt. Corp. v. Thomas, 2020-0110 (La. App. 4 Cir. 07/29/20), 302 So. 3d 1181 (eviction not premature where the reasonable accommodation was requested after landlord filed a rule for possession and the parties had not yet engaged in an interactive process); Mazzini v. Strathman, 2013-0555 (La. App. 4 Cir. 04/16/14), 140 So. 3d 253 (upholding eviction where tenant failed to prove a disability in accordance with “the Fair Housing Amendments Act of 1988 or the ADA, or that the landlord knew of her alleged disabilities”).
- 4Mascaro v. Hudson, 496 So. 2d 428 (La. App. 4 Cir. 1986) (tenant raised national origin discrimination as affirmative defense, however the defense failed). It is generally better to litigate such claims in federal or state district court before the eviction lawsuit is filed.
- 5La. R.S. 9:3261.1–.2 (Louisiana Violence Against Women Act); 34 U.S.C. § 12491 (Violence Against Women Act; applies only to federally subsidized tenants).
- 6La. C.C. art. 529; Broussard v. Compton, 2009-1292 (La. App. 3 Cir. 04/14/10), 36 So. 3d 376.
- 7Versailles Arms Apartments v. Pete, 545 So. 2d 1193 (La. App. 4 Cir. 1989); Hous. Auth. of Town of Lake Providence, 486 So. 2d 1064 (La. App. 2d Cir. 1986); Hous. Auth. of St. John the Baptist Par. v. Sheperd, 447 So. 2d 1232 (La. App. 5th Cir. 1984); Grace Apartments v. Hill, 428 So. 2d 862 (La. App. 1 Cir. 1983) (partial rent). Though the case law on custom involves late or partial payment of rent, this defense could be used in certain lease violation contexts. For example, if the landlord has knowingly allowed the tenant to have a pet in violation of a no-pets clause for a period of time, an advocate could argue the lease was modified and the landlord has to provide notice of intent to enforce the lease and no longer allow the pet. See Hous. Auth. of City of Abbeville v. Hebert, 387 So. 2d 693, 696 (La. App. 3 Cir. 1980).