HOUSING AUTHORITY v. BURKS

No. 17644-CA.

486 So.2d 1068 (1986)

HOUSING AUTHORITY OF the TOWN OF LAKE PROVIDENCE, Plaintiff-Appellee, v. Emanuel BURKS, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 2, 1986.


Attorney(s) appearing for the Case

Salyria L. Gumms, Tallulah, for defendant-appellant.

McIntosh, Fox & Lancaster by George F. Fox, Jr., Lake Providence, for plaintiff-appellee.

Before HALL, MARVIN and JASPER E. JONES, JJ.


MARVIN, Judge.

The lessee, Burks, appeals a judgment evicting him from a federally subsidized housing unit owned by plaintiff in Lake Providence. An eviction notice, dated May 7, 1985, cited nonpayment of rent as the basis for eviction. We reverse and render judgment for the lessee, finding that plaintiff customarily accepted late rental payments and accepted a partial rental payment from Burks after the date of his notice of eviction. This constitutes waiver of plaintiff...

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