Succession of Sigur v. Henritzy

126 So. 3d 529, 2013 La.App. 4 Cir. 0398, 2013 WL 5274246, 2013 La. App. LEXIS 1879
CourtLouisiana Court of Appeal
DecidedSeptember 18, 2013
DocketNo. 2013-CA-0398
StatusPublished
Cited by4 cases

This text of 126 So. 3d 529 (Succession of Sigur v. Henritzy) 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
Succession of Sigur v. Henritzy, 126 So. 3d 529, 2013 La.App. 4 Cir. 0398, 2013 WL 5274246, 2013 La. App. LEXIS 1879 (La. Ct. App. 2013).

Opinion

ROSEMARY LEDET, Judge.

|! This is a commercial lease dispute involving damages to the leased premises. The plaintiffs, Kenneth M. Sigur and Frederick J. Sigur, Jr., as testamentary co-executors of the Succession of Frederick J. Sigur (the “Lessor”), are the owners of a two-story building located at 8717-21 West Judge Perez Drive in Chalmette, Louisiana (the “Premises”).1 The defendants, Donald A. Ditta and Donald Henrit-zy, Jr., doing business as Fitness 2000, (collectively the “Lessees”), leased the Premises from April 1,1997 to January 30, 2000. After the Lessees vacated the Premises, the Lessor sued them for the damages they allegedly caused to the Premises and attorneys’ fees. Following a bench trial solely against Mr. Ditta,2 the [532]*532trial court awarded the Lessor a total of $23,318.52 in damages, which | ^included an award of $2,119.86 in attorneys’ fees. From this judgment, Mr. Ditta appeals. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 1, 1997, the Lessor and the Lessees entered into a lease of the Premises for use as a health and fitness center (“Lease 1”). Lease 1 was for an eighteen month term, ending on September 30, 1998, and covered two of the three portions of the building. On October 1, 1998, the parties entered into a second lease for a one year term, ending on September 30, 1999, that covered the same two portions of the building (“Lease 2”). During the term of Lease 2, the parties entered into a third lease to expand the area of the building that the lease covered to include the third portion of the building (“Lease 3”). Lease 3 ended on the same date as Lease 2, September 30,1999.

In anticipation of the leases expiring, the parties engaged in discussions regarding renewing the lease. Although the leases included an option to renew, the leases also included a rent escalation clause— Lease 2 provided for a $300 per month rent increase;' Lease 3 provided for a $100 per month rent increase. At that time, the Lessees indicated they were unable to afford an increase in rent; thus, they requested additional time at the same monthly rental. The Lessor agreed to allow them an additional four months— until February 1, 2000 — at the same rental and under the same lease terms. Although the Lessor prepared a new lease that was to take effect on February 1, 2000, it was never executed. Instead, on Sunday, January 30, 2000, the Lessees vacated the premises, moving to a new location |sacross the street. The Lessees paid all of the rent that was due through January 30, 2000.

On Monday, January 31, 2000, the day after the Lessees vacated the Premises, the Lessor’s representative, Frederick J. Sigur, Jr.,3 inspected the building. According to Mr. Sigur, he found the Premises in a state of disarray and in a damaged condition. He also found that the Lessees had taken some of the Lessor’s exercise equipment. A few weeks after the Lessees vacated the Premises, Mr. Sigur took a series of thirty-five photographs (the “Photographs”). According to Mr. Sigur, the Photographs reflected the damaged condition in which he found the Premises on January 31, 2000.

On December 29, 2000, the Lessor commenced this suit against the Lessees. In its petition, the Lessor averred that the parties reached an agreement for the Lessees “to continue the lease of said premises under the same terms and conditions as contained in said lease with modifications to rental amount pending completion of an executed written lease agreement.” The Lessor further averred that on January 30, 2000, the Lessees vacated the premises “without notice and after causing serious damage to the leased premises.” The Les[533]*533sor enumerated the damage to the leased premises as consisting of the following:

a. Destruction of interior walls and partitions on both levels of the leased premises;
b. Removal and destruction of doors located within the leased premises;
|4c. Destruction and removal of various plumbing fixtures throughout the premises;
d. Removal and destruction of door framing and trim within the leased premises;
e. Breakage of exterior glass windows;
f. Removal of stair railing within the leased premises;
g. Removal of walls and partitions without replacement thereof;
h. Failing to complete remodeling work begun;
i. Removal of ceiling and mechanical air handling equipment without repair and replacement thereof;
j. Rewiring portions of the leased premises in violation of parish and state electrical codes without proper procedures being followed, and the failure to return electrical system to a safe condition;
k. Removal of plumbing systems without proper reconnections being provided;
l. Leaving the premises in disarray and with trash and debris located throughout;
m. Removal of exercise equipment owned by Lessor without permission and failure to return same;
n. Other acts of damage to be shown at the trial hereof.

The Lessor averred that the net cost to repair the damages to the premises and to replace the exercise equipment taken by the Lessees was $21,198.66. This figure was the total amount of damages after deducting the $1,500.00 damage deposit that the Lessor alleged the Lessees forfeited. The Lessor also averred that it was due reasonable attorneys’ fees of ten percent as provided in the leases, court costs, and judicial interest from the date of judicial demand.

On February 9, 2001, the Lessees filed a joint answer generally denying the allegations of the petition and further answering:

|F* Defendants did not agree to extend the lease of said premises, but instead notified plaintiff that if there was an increase in the rent for the premises, then defendants would vacate said premises.
• When defendants initially leased the premises, it was unsuitable for use as a health club due to the fact that it was formerly a nightclub. Due to the fact that the walls and ceiling had been painted black, light fixtures had been removed, and extensive damage done the premises by the former occupants, defendants were made to expend substantial funds repairing the premises and making it suitable for the health club.
• Defendants aver that any damage to the subject premises was done by unknown parties after defendants vacated the premises, as defendants left said premises in perfect order and in superior condition.

In July 2001, the depositions of both defendants were noticed; on July 24, 2001, Mr. Ditta was deposed. Thereafter, the record reflects no activity in the case until January 1, 2005, when the Lessor filed a motion to set the matter for trial.4 At [534]*534defense counsel’s request, the trial was continued to September 25, 2005. Due to the devastation to St. Bernard Parish caused by Hurricane Katrina, which struck the area on August 29, 2005, the trial date was continued.

In January 2008, the Lessor filed a motion to set the matter for trial.

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126 So. 3d 529, 2013 La.App. 4 Cir. 0398, 2013 WL 5274246, 2013 La. App. LEXIS 1879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-sigur-v-henritzy-lactapp-2013.