2024-CA-0721 Precedential Affirmed in Part; Reversed in Part; And Rendered Dysart, J., Concurs in Part Lobrano, J., Concurs Processed

Daisy Ellis, Lindsey Dubose, and Samantha Maza v. Richard M. Ireland, Jr

Louisiana Court of Appeal, Fourth Circuit · Filed May 14, 2025

Opinion text

DAISY ELLIS, LINDSEY * NO. 2024-CA-0721
DUBOSE, AND SAMANTHA
MAZA * COURT OF APPEAL

VERSUS * FOURTH CIRCUIT

RICHARD M. IRELAND, JR * STATE OF LOUISIANA

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DLD DYSART, J., CONCURS IN PART

I concur with the result reached by the majority but for a different reason.

The property subject to the lease agreement was rendered uninhabitable for one

reason – Hurricane Ida. The expert testimony notwithstanding, the photographs

and testimony demonstrated that Hurricane Ida caused roof damage, resulting in

water intrusion, mold and property damage. Despite the landlord’s prompt

response, the property was uninhabitable and the tenants were clearly within their

rights to terminate the lease. See La. C.C.P, art. 2715.