Steier v. Heller

732 So. 2d 787, 1999 WL 274074
CourtLouisiana Court of Appeal
DecidedMay 5, 1999
Docket31,733-CA
StatusPublished
Cited by22 cases

This text of 732 So. 2d 787 (Steier v. Heller) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steier v. Heller, 732 So. 2d 787, 1999 WL 274074 (La. Ct. App. 1999).

Opinion

732 So.2d 787 (1999)

Kenneth STEIER, et al., Plaintiffs-Appellants,
v.
Fred HELLER, et al., Defendants-Appellees.

No. 31,733-CA.

Court of Appeal of Louisiana, Second Circuit.

May 5, 1999.

*788 Arbour & Aycock by Larry Arbour, West Monroe, Counsel for Appellants.

Hudson, Potts & Bernstein by Gordon L. James, Monroe, Counsel for Appellees.

Before NORRIS, STEWART and PEATROSS, JJ.

STEWART, J.

Kenneth Steier, individually and on behalf of his minor children, Jacob Steier and Joshua Steier, and his wife, Cindy Steier ("Steiers"), appeal the trial court's denial on summary judgment of their claim that the defendants, Fred Heller, Richard L. Heller, and Robert G. Heller ("Hellers"), abused their rights as lessors by demanding that the Steiers vacate their rental home during the latter stages of Cindy Steier's pregnancy. Finding no error in the trial court's judgment, we affirm.

FACTS

In 1993, Dr. Kenneth Steier, an internist and critical care physician, and Cindy Steier leased a house located at 4710 Bon Aire Drive in Monroe, Louisiana, from the Hellers for a one year period. The Steiers and Hellers entered into a second lease agreement for the house on February 28, 1994. The 1994 lease was on a month-to-month basis with rental payments of $945 per month. The lease agreement included a provision stating the Hellers' intent to sell the house. A portion of the lease agreement providing that the lessee waives notice of any sale or termination of the lease was scratched out and initialed "KS." Inserted in its place was a handwritten provision stating, "The parties hereby agree to 60 day notice of any need to vacate by the renters." This handwritten provision was initialed "KS", signed by Fred Heller, and dated February 28, 1994.

According to the deposition testimony of Fred Heller, the Hellers first tried to sell the house in 1992 by listing it with a real estate agent. The house remained on the market for six months and no offers were received. Efforts by Fred Heller to sell the house on his own were also unsuccessful. After entering into the 1994 lease agreement with the Steiers, the Hellers again placed the house on the market and enlisted the assistance of Lucy Kincaid, a real estate agent with Why USA Realty. This attempt to sell the house was also unsuccessful. In an affidavit, Ms. Kincaid explained that she had difficulty arranging times to show the house to prospective buyers because Kenneth Steier complained that it was not convenient. Ms. Kincaid also explained that the house was filthy and had a foul odor from pets urinating on the floors. According to Ms. Kincaid, at least one prospective buyer refused to enter the house because of the foul odor. Due to these difficulties, the house was taken off the market in April 1994.

In his deposition, Kenneth Steier explained that the realtor placed a lock-box at the door for access and that this caused concern because of valuables kept in the house. The Steiers wrote to Fred Heller requesting removal of the lock-box and prior scheduling of times to show the house. Kenneth Steier stated in his deposition that he came up with the language requiring sixty days notice of any need to vacate the leased premises. Steier also stated that he wanted the lease on a month-to-month basis because he did not *789 want to be locked in if he found another house. The Steiers admitted having three dogs and two cats in the house. One of the dogs had two litters of puppies which were kept for six weeks in a plastic baby pool in the living room of the house. The Steiers admitted that some soiling did occur but that the floors were professionally cleaned either every six months or once a year.

In June 1995, Cindy Steier learned that she was pregnant. Soon after, she learned that she was expecting twins. The Steiers hired a maid to assist Cindy Steier with housework. Fred Heller, who had regular contact with the Steiers and whose daughter sometimes took care of the Steiers' pets and did yard work around the house, learned of the pregnancy during the summer. Cindy Steier's pregnancy proceeded without difficulty.

On December 29, 1995, Fred Heller hand-delivered to Kenneth Steier a letter notifying the Steiers of the Hellers intent to sell the house and requesting that the Steiers vacate the house within sixty days, as required by the terms of the 1994 lease agreement. The Hellers granted the Steiers a first option to purchase the house until January 15, 1996, at a price previously discussed by the parties in February 1994. The letter referred to the Hellers' awareness of the Steiers' "circumstances." The letter explained that the Hellers' decision to terminate the lease was a business decision and that the house must be available for showings in March. Fred Heller explained in his deposition that he and his brothers wanted the house on the market in time for spring to take advantage of the low interest rates and the bayou location. Fred Heller stated that Kenneth Steier did not seem concerned when he received the notice to vacate and merely indicated that he and his wife would "make out."

Kenneth Steier stated in his deposition that he was in a "state of shock" when he received the notice to vacate. On January 3, 1996, Steier wrote to Fred Heller proposing an increase in rent to $1,000 per month and agreeing to either buy or vacate the house by January 31, 1997. Steier expressed surprise at the notice to vacate since the house was taken off the market in April 1994, causing them to discontinue searching for another house at that time. Steier informed Fred Heller that Cindy Steier was due to deliver the twins in February or March and that the idea of having to move caused her "a great deal of stress." Steier further wrote that his wife's doctor "feels strongly that it would be medically risky to try to move now and could provoke a premature labor in this high-risk pregnancy." Jim Griffin, the Steiers' neighbor and Fred Heller's acquaintance, also spoke to Fred Heller on behalf of the Steiers to request that they be allowed to stay in the house until after the birth of the twins.

Fred Heller contacted his brothers about allowing the Steiers additional time to remain in the house. The Hellers decided not to extend the lease upon considering the Steiers' lack of cooperation in 1994 when attempting to sell the house and Fred Heller's own experience in moving during his wife's pregnancy. In a letter to the Steiers dated January 4, 1996, Fred Heller denied the Steiers' request to remain in the house and confirmed the prior notice to vacate within sixty days.

Cindy Steier stated in her deposition that she experienced stress after receiving the notice to vacate and that she cried "for a few nights" worrying where the children would live. Kenneth Steier described his wife's condition in more dramatic terms, stating that she was "in a panic, not sleeping at night, extremely upset, emotionally labile, very concerned." On January 19, 1996, Cindy Steier went into premature labor and delivered the twin boys pre-term at thirty-three weeks. On January 24, 1996, the Steiers moved into their new home. The twins were discharged from the hospital on February 3, 1996.

*790 On July 18, 1996, the Steiers filed suit for damages against the Hellers. The Steiers alleged that the Hellers abused their right to have them vacate the leased premises upon sixty days notice knowing of the risk involved in Cindy Steier's pregnancy. The Steiers further alleged that the stress of the move caused Cindy Steier's premature labor and the pre-term delivery of the twins.

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Bluebook (online)
732 So. 2d 787, 1999 WL 274074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steier-v-heller-lactapp-1999.