Where landlord fails to prove the elements of his prima facie case, the tenant may orally move for involuntary dismissal under La. C.C.P. 1672(B) after the landlord has closed his case. Be sure to reserve your client’s right to present her defense if the motion is denied.
A lease will be dissolved only when it is shown that the landlord is undoubtedly entitled to such a remedy.1 You should argue that a lease should not be canceled unless the violations of the terms of the lease are material and important.2
- 1Hous. Auth. of Town of Lake Providence v. Burks, 486 So. 2d 1068, 1069 (La. App. 2 Cir. 1986); Wahlder v. Osborne, 417 So. 2d 71, 73 (La. App. 3 Cir. 1982); Atkinson v. Richeson, 393 So. 2d 801, 803 (La. App. 1 Cir. 1978).
- 2See, e.g., Carriere v. Bank of La., 95-3058 (La. 12/13/96), 702 So. 2d 648; Karno v. Fein Caterer, 2002-CA-1269 (La. App. 4 Cir. 04/16/03), 846 So. 2d 105; Lillard v. Hulbert, 9 So. 2d 852 (La. App. 1 Cir. 1942) (ruling that tenant’s lease violation was substantial enough to warrant eviction; overruled on other grounds).