Landlord & Tenant Issues - Recent Litigation

Recent Litigation

·     Nguyen v. Hall, 20-0531 (La. App. 1st Cir. 6/25/2020), Louisiana First Circuit of Appeal has held that in accordance with the American Disabilities Act, a justice of the peace must provide reasonable accommodations regarding hearings.

·     Sandra Collins v. Datona Statum, 20-0352 (La. 4th Cir. 8/5/2020), the Louisiana Fourth Circuit Court of Appeal stepped in to stay an eviction where the tenant was in quarantine until August 5, 2020, due to Covid-19 symptoms.

·     6700 Maple Leaf LLC v. Sabrina Williams, 20-0480 (La. App. 4th Cir. 9/25/2020), wherein the Fourth Circuit Court of Appeal reasoned that the provision of the CDC declaration post-judgment halts execution. After defaulting on a consent judgment, relator’s provision of the CDC declaration to the landlord and the court “triggered the protections against any eviction proceeding by Mayfair.”

·     Porter v. Grandison, 20-0421 (La. App. 5th Cir. 11/30/2020), held that it was an abuse of discretion to set an unaffordable bond for an indigent tenant claiming coverage under the CDC order, as doing so would violate the order.

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