lease violation in Louisiana

2014The court cited the Louisiana Supreme Court case of Canal Realty and Improvement Co. v. Pallet, 217 La. 376 , 46 So.2d 303 (1950), which held that the acceptance of rent after notice of eviction by the landlord, “constituted a waiver of that notice and a forgiveness as to any and all previously committed infractions, and it served to reinstate the lease as of that time.” A & J, Inc., 02-259, p. 7, 831 So.2d at 316 .

2014The court cited the Louisiana Supreme Court case of Canal Realty and Improvement Co. v. Pallet, 217 La. 376 , 46 So.2d 303 (1950), which held that the acceptance of rent after notice of eviction by the landlord, “constituted a waiver of that notice and a forgiveness as to any and all previously committed infractions, and it served to reinstate the lease as of that time.” A & J, Inc., 02-259, p. 7, 831 So.2d at 316 .

2014The court cited the Louisiana Supreme Court case of Canal Realty and Improvement Co. v. Pallet, 217 La. 376 , 46 So.2d 303 (1950), which held that the acceptance of rent after notice of eviction by the landlord, “constituted a waiver of that notice and a forgiveness as to any and all previously committed infractions, and it served to reinstate the lease as of that time.” A & J, Inc., 02-259, p. 7, 831 So.2d at 316 .

1990Further, this matter is distinguishable from Versailles Arms Apartments v. Wheeler, 452 So.2d 326 (La.App. 4th Cir. *579 1984).

1988We note that in Piggly Wiggly of Mansfield, Inc. v. Wolpert Associates, 519 So.2d 371 (La.App. 2d Cir.1988), writ denied 522 So.2d 1098 (La.1988), the execution of an estoppel certificate by the tenant, Piggly Wiggly, was found to constitute an express waiver of its rights to enforce a lease clause by which its lessor was to prohibit any other tenant in the shopping center from selling grocery items.

1988In Ensminger v. Great Atlantic & Pacific Tea Co., 134 So.2d 686 (La.App.2d Cir.1961) this court found that the following clause in a lease constituted an assumption of liability by the lessee: “It is agreed that lessee will hold lessor harmless from all claims of bodily injury or other liability by lessee’s employees or agents or others growing out of the use and occupancy of the premises.” Since the lease clause under consideration contains similar language, we find that it was an assumption of liability by the tenant for accidents in the affected area.

1988We note that in Piggly Wiggly of Mansfield, Inc. v. Wolpert Associates, 519 So.2d 371 (La.App. 2d Cir.1988), writ denied 522 So.2d 1098 (La.1988), the execution of an estoppel certificate by the tenant, Piggly Wiggly, was found to constitute an express waiver of its rights to enforce a lease clause by which its lessor was to prohibit any other tenant in the shopping center from selling grocery items.

1980App. 3 Cir. 1977), certiorari denied, 347 So.2d 503 (La.1977), as supporting his theory that plaintiff is estopped from enforcing a provision of a lease where the violation of that provision was sought to be strictly enforced when the lessor had acquiesced in said violation.

1970Under the terms of paragraph (D) the District is authorized ‘to execute leases to the State’.” 225 So.2d at 365 .

1964Co. v. Stearns, 154 La. 946 , 98 So. 429 , the court held: "By the terms of article 2692 of the Civil Code it is the duty of the lessor to maintain the lessee in the peaceable possession of the property let, during the continuance of the lease.

1964Co. v. Stearns, 154 La. 946 , 98 So. 429 , the court held: "By the terms of article 2692 of the Civil Code it is the duty of the lessor to maintain the lessee in the peaceable possession of the property let, during the continuance of the lease.

1948Cunningham v. Middleton, 4 La.

1880In the case of Miller v. Michaud, 11 Rob. 225 , the court say we think, under our laws, a similar doctrine can safely be adopted; again, “If the lessee of a naked lot erect houses upon it with his own materials, the buildings, presumed to belong to the owner of the soil, would only give the lessee the right at the expiration of the lease to claim from the lessor the value of the materials and price of workmanship” (or as we have seen under Art. 2726, a fair value).