Couple sues former tenant over cost of eviction, past due bills

Lizzy Fitzsousa Mar. 24, 2014, 7:46pm

NEW ORLEANS – A pair of local landlords are suing to recoup expenses after evicting their tenant.

Marden and Suzanne Kimball filed suit against Thomas Housey in the Orleans Parish Civil District Court on Dec. 13, 2013.

The Kimballs claim they were renting Housey an apartment connected to their property at 1205 St. Mary Street in New Orleans for $1,600 per month through a lease beginning March 10, 2013 and ending on March 9, 2014. In August, the Kimballs demanded past due rent, which Housey acknowledged he owed in an Aug. 22 email reply. On Sept. 6, the Kimballs demanded $4,074.76, but were still not paid, the suit claims.

They say they began legal proceedings against Housey and posted a notice to vacate the premises on Oct. 2. The First City Court for the Parish of Orleans ordered Housey to vacate and pay costs of eviction proceeding. The total owed to the Kimballs including rent for July, August, September, late fees and utilities and cost of eviction totals $14,620.52, the suit claims. They have retained Housey’s $1,600 security deposit.

Housey is accused of breach of contract in bad faith, unjust enrichment and negligence,

Plaintiff is represented by Scott G. Wolfe Jr. of Wolfe Law Group LLC.

Housey was found in preliminary default March 12.

Case is assigned to Division L Judge Kern A. Reese.

Case no. 2013-11903.

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