Myers v. Foster
1992 WL 364381, 610 So. 2d 192 (1992)
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Rule of Law:
A lessee must provide contractually required written notice of defects to the lessor before terminating a lease, unless the defects are so severe as to render the premises completely unfit for their intended use.
Facts:
- On October 7, 1985, James and Louise Foster leased commercial space from James Myers for a five-year term to operate a ladies' dress shop.
- The lease required the Fosters to give Myers written notice of any non-emergency repairs needed and provided for twelve marked parking spaces.
- Throughout the tenancy, the shopping plaza's parking lot had a persistent drainage problem that caused water to accumulate after rain.
- The Fosters complained orally to Myers multiple times about the poor drainage and what they considered inadequate parking.
- Approximately six months into the lease, Myers installed two pipes in the parking lot in an attempt to correct the drainage, but the problem was not fully resolved.
- In October 1989, the Fosters orally informed Myers that they were terminating the lease because of the ongoing drainage and parking issues.
- The Fosters vacated the premises before December 1, 1989, having paid rent through November.
- After the Fosters moved out, Myers used the vacant space to store some of his personal belongings and placed a 'for rent' sign in the window.
Procedural Posture:
- James Myers sued James and Louise Foster in the district court (trial court) for breach of contract, seeking the remaining rent due under the lease.
- The Fosters filed a reconventional demand (a form of counterclaim) against Myers, seeking damages for constructive eviction and moving expenses.
- The trial court found in favor of the plaintiff, Myers, and awarded him $15,000 in unpaid rent.
- The trial court held that the Fosters had unlawfully terminated the lease by failing to give the contractually required written notice.
- The Fosters filed a motion for a new trial, which the trial court dismissed.
- The Fosters (appellants) appealed the trial court's judgment to the Court of Appeal of Louisiana, Third Circuit, with Myers as the appellee.
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Issue:
Does a lessee's failure to provide written notice of correctable defects, as required by a commercial lease agreement, constitute an unlawful termination of the lease when the defects do not render the premises unfit for their intended use?
Opinions:
Majority - Culpepper, J.
No. A lessee's failure to provide written notice as required by a lease constitutes an unlawful termination where the complained-of defects do not render the premises unfit for use. The lease agreement explicitly required the Fosters to provide written notice to Myers for non-emergency repairs. While the Fosters made numerous oral complaints, their failure to provide the contractually mandated written notice deprived the lessor of a formal opportunity to remedy the drainage and parking problems. The court distinguished this case from situations where premises are completely unfit for their intended use, which might excuse the notice requirement. Here, the court found the parking and drainage issues were not severe enough to render the property unfit for use as a dress shop, and therefore, the Fosters were bound by the lease's notice provision. Because they failed to comply, their termination of the lease was unlawful.
Analysis:
This decision reinforces the principle that parties to a commercial lease are held to the specific terms of their agreement. It clarifies that a lessor's partial breach, such as failing to fully resolve a maintenance issue, does not automatically justify a lessee's unilateral termination of the contract. For a lessee to be excused from a contractual notice requirement, the property's defects must rise to the high level of rendering it wholly unfit for its intended purpose. This precedent protects lessors from abrupt lease terminations over correctable issues and emphasizes the importance of formal, written communication as stipulated in a contract.
