Shell Oil Co. v. Siddiqui Group Enterprises, Inc.

I agree with the majority holding to set aside the eviction order; however, I disagree with the reasons stated. The lease is clearly subject to termination by either party at any time by giving the other party at least thirty (30) days advance written notice.

However, I would set aside the eviction for different reasons. It is well settled in Louisiana that “the summary action of eviction is based on a required notice to vacate, and acceptance of rent after that notice (but before the judgment of eviction) vitiates the notice and prevents a lessor from obtaining such judgment.” Bowling U.S.A.,…