Owner Needn’t Show “Good Cause” to Evict Resident After Lease Expired

Facts: An owner sent her Section 8 resident a notice to vacate. In the notice, the owner stated that the lease had been on a month-to-month basis since the end of March 2011. She further stated that she wanted the resident to vacate the unit by the end of November 2011 because she didn’t wish to renew the lease for another month.

The resident didn’t vacate the unit, and the owner sued to evict her. The trial court ruled for the owner, and the resident appealed on the basis that, according to a housing assistance payment (HAP) contract signed with the local PHA, the owner needed to prove "good cause" in order to evict her.

Ruling: A Louisiana appeals court agreed with the lower court's ruling.

Reasoning: The resident offered no proof that the owner had agreed to an extension term of the lease, thereby extending the good cause requirement included in the HAP contract. The evidence presented established only the existence of a month-to-month lease between the owner and the resident after the initial lease term expired. As such, the owner was entitled to possession of the unit after that date, without giving any reason or showing good cause, after providing the resident with the 30-day notice of non-renewal.

• Sauer v. Johnson, December 2012