Growe v. Johnson
| Decision Date | 17 February 2021 |
| Docket Number | NO. 2020-CA-0143,2020-CA-0143 |
| Citation | 314 So.3d 87 |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | Ames GROWE, III v. Raymond JOHNSON and Johnson Realty & Investment Co. |
Stephen O'Brien Scandurro, Timothy David Scandurro, SCANDURRO & LAYRISSON, L.L.C., 607 St. Charles Avenue, New Orleans, LA 70130-3411, COUNSEL FOR PLAINTIFF/APPELLEE
Pierre V. Miller, II, Patrick Hannon Patrick, PATRICK MILLER LLC, 400 Poydras Street, Suite 1680, New Orleans, LA 70130, COUNSEL FOR DEFENDANT/APPELLANT
(Court composed of Judge Regina Bartholomew-Woods, Judge Paula A. Brown, Judge Dale N. Atkins )
This matter arises from a contractual dispute between a landlord and a former tenant. Defendants-Appellants/Cross-Appellees, Mr. Raymond Johnson, and his company Johnson Realty and Investment, Co. ("Mr. Johnson"), appeal from a judgment in favor of Plaintiff-Appellee/Cross-Appellant, Mr. Ames Growe, III ("Mr. Growe"), awarding him a partial refund of his security deposit and reimbursement for the replacement cost, minus depreciation, of his damaged furniture. Mr. Growe files a cross-appeal seeking full replacement cost of the furniture, general damages, and attorney's fees.
For the reasons that follow, we amend the judgment of the trial court to accurately reflect the trial court's award regarding the security deposit, amend the judgment to include damages for mental anguish, and affirm the remainder of the trial court's judgment.
Mr. Johnson, through his company Johnson Realty and Investment, Co., owns an apartment building located at 7849 Read Blvd. in New Orleans, Louisiana ("the property"). According to Mr. Johnson, he lived at the property part-time for approximately two (2) weeks every month. Mr. Johnson collected rents, handled repairs, including, but not limited to plumbing repairs, and performed other duties associated with managing the property. When he traveled, his wife, Bibiana Jones Johnson ("Mrs. Johnson"), managed the property on his behalf, with the exception of repair work.
On January 5, 2013, Mr. Johnson entered into a written month-to-month lease with Mr. Growe to rent an apartment located on the property. The lease stipulated that Mr. Growe would pay rent in the amount of $600.00 per month, as well as a security deposit in the same amount. Mr. Growe moved in with his own furniture including an armoire, a television stand, a buffet, a sofa, an ottoman, and a loveseat. Mr. Growe testified that he purchased the furniture in 2011.
In February 2014, one year after entering into the lease, Mr. Growe began experiencing water intrusion-related problems. Mr. Growe testified that water leaked from the pipes in the apartment above his, down his apartment walls, and onto his bedroom floor soaking the carpet and furniture. Additionally, water leaked from the air conditioner unit in Mr. Growe's apartment and from the air conditioner unit in the apartment above.
Mr. Growe testified that he complained to Mr. Johnson about the water-intrusion in his apartment. Instead of hiring a professional company to do repairs, Mr. Johnson replaced the leaky pipe and installed new sheetrock himself. Mr. Growe testified that three (3) days after the repair of the initial leak, the pipes began leaking again and needed to be repaired again. Regarding the air conditioner, Mr. Johnson sent individuals to treat the unit with chemicals every two weeks. No permanent or semi-permanent repairs were ever made to the air conditioner which remained a persistent cause of leaking throughout Mr. Growe's tenancy. On one occasion, Mr. Growe returned from a hospital stay, due to his heart problems, and found the apartment flooded; Mr. Johnson's wife provided Mr. Growe with towels to soak up the water.
Mr. Growe grew angry and frustrated with the repeated instances of leaking and flooding. He reported he had to wait weeks for Mr. Johnson to address the flooding only to have the flooding repeatedly start again. Mr. Growe offered eighteen (18) pictures into evidence showing the condition of his furniture before and after his move, as well as, the extent of the flooding and water damage to the apartment throughout the four and one half (4½) years he was a tenant.
To address the flooding, Mr. Johnson either used a wet-vacuum to clean up the water or Mr. Johnson sent gentlemen to vacuum the water; however, the gentlemen did not move the furniture to fully vacuum the area, but vacuumed around the furniture. Mr. Growe testified that due to heart problems, gout, and other medical issues, he was unable to move the furniture himself. Mr. Growe further testified that Mr. Johnson's offers to fully clean or replace the carpet were always conditioned upon Mr. Growe moving the furniture. He further stated that Mr. Johnson would not pay to have the furniture moved.
Mr. Growe testified that as a result of the water running down the walls and behind his furniture, the pictures on the walls bowed from water damage; the apartment began smelling of mold; the furniture buckled and mold began to grow on it; all of the aforementioned was attributable to the persistent water leaking problems. He made frequent attempts to clean the furniture. Mr. Growe recalled that on one occasion when water damaged his nightstand and buffet, Mr. Johnson paid him the cost to replace both items.
Mr. Juan Sede, Mr. Growe's former neighbor and Mr. Johnson's former tenant, testified to having visited Mr. Growe's apartment and experiencing breathing difficulty because of the extent of the mildew smell in the apartment. He reported the smell was so strong that he was unable to enter the apartment. Mr. Sede stated he witnessed wet floors and carpets while standing in Mr. Growe's doorway. Mr. Sede testified that he had moved out of his apartment after experiencing the same flooding and mold problems as reported by Mr. Growe.
Near the end of Mr. Growe's tenancy, a new parking rule was implemented allowing for free parking in the property's lot for one car and a charge of thirty-five dollars ($35) a day for each additional car. Mr. Growe had three (3) cars in his possession. Mr. Growe testified that he parked two (2) of the cars in the property's lot, and the third car was parked on the street. Mr. Johnson contradicted this testimony and stated that Mr. Growe parked all three (3) cars in the property's lot whenever Mr. Johnson was not physically present at the property.
On May 1, 2017, Mr. Johnson posted a notice on Mr. Growe's apartment door terminating his lease. The notice informed Mr. Growe the lease would end on June 30, 2017. Mr. Johnson sent a follow-up letter on June 23, 2017, informing Mr. Growe that he would inspect the property on July 3, 2017.
After receiving notification of the termination of his lease, Mr. Growe had an opportunity to speak with Mrs. Johnson. Mrs. Johnson testified that as he was leaving, Mr. Growe complained to her about the mold on his furniture and pointed out to her water within the apartment.
On July 2, 2017, Mr. Growe moved out of the property. His furniture, which smelled of mold, had visible mold growing on it and the wooden pieces were buckled due to the water damage. He testified that he was forced to discard his furniture upon moving, because it was damaged beyond repair.
On July 6, 2017, Mr. Johnson inspected the property.1 Subsequent to the inspection, on July 16, 2017, Mr. Johnson provided Mr. Growe with a "Security Deposit Disposition," - an itemized list of the reasons for retaining Mr. Growe's security deposit – and did not return any of the deposit. The reasons for retaining the deposit included: cleaning the kitchen, replacing grease traps, general cleaning of the apartment, changing locks, parking fees for two extra cars, pest control supplies, and six days prorated rent. Contrary to Mr. Johnson's itemized list, Mr. Growe testified that he had thoroughly cleaned the apartment prior to moving out.
On March 2, 2018, Mr. Growe filed a "Petition for Damages" in the First City Court of New Orleans requesting $6,000.00 in damages relating to the destruction of his furniture and the return of the security deposit. Mr. Growe claimed Mr. Johnson breached his duty as a lessor in violation of La. C.C. art. 2682 et seq., and he demanded damages in the amount of six thousand dollars ($6,000) the replacement value of the furniture; the return of the full security deposit pursuant to La. R.S. 9:3251 ; attorney's fees; and equitable relief.2
On September 26, 2019, following discovery, a bench trial on the merits was held. On November 13, 2019, the trial court issued a judgment in favor of Mr. Growe awarding him $3,167.04, plus legal interest from the date of judicial demand and all costs of the proceedings. On November 15, 2019, the trial court issued its "Reasons For Judgment," and the trial court made the following factual and legal findings:3
On November 25, 2019, Mr. Johnson filed a "Motion and Order of Appeal." On February 27, 2020, Mr. Johnson filed the instant suspensive appeal. On June 2, 2020, Mr. Growe filed an answer and cross-appeal.
Mr. Johnson asserts the following assignments of error:
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