443c9439-01ce-4db7-b150-c4262bbfd17c.doc
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Berg v. Wiley, Supreme Court of MN, 1978 Std of review case: did the evidence support the Jury’s finding that the T did not abandon the property? Issue
When can a L resort to self-help?
Reasoning
Rule
Old CL rule: L may resort to self-help to retake leased premises from a tenant in possession without incurring liability for wrongful eviction provided two conditions are met: L is legally entitled to possession the means of re-entry are peaceable
Facts
∏ operated a restaurant on the premises leased from Wiley. Berg remodeled the restaurant without written approval from Wiley which led to conflicts between them. Wiley then sent her a letter requesting that she fixes, in 2 weeks, 8 items that included items that violated health codes (she also received a similar letter from the health dept ordering her to fix the violations.) If she didn’t comply he was going to retake possession. On the last day of the 2 week period, she put a sign in the window saying ‘Closed for Remodeling’, fired all her EEs. Earlier in the day, Wiley came to the restaurant and tried to change the locks but she asserted her right to continue in possession and he complied. Later, and about 5 months before the lease term expired, he came back changed the locks and locked her out. 14 days later he re-let to another tenant. She brought this action of wrongful eviction. (there were disputes about whether she abandoned or not)
The entry was not peaceable. Modern law: must always resort to the judicial process. The legislature provided for treble damages for forcible affection.
New Rule: The trial court didn't even get to the question of whether he had the right to a re-entry. The judicial process is quick and simple - the law discourages landlords from taking the law into their own hands. The new rule is founded on the recognition that the potential for violent breach of peace inheres in any situation where a L attempts by his own means to remove a T who is claiming possession adversely to the L the only lawful means to dispossess a tenant who has not abandoned nor voluntarily surrendered but who claims possession adversely to the landlord’s claim of breach of written lease is by resort to a judicial process.
Held Procedure P argues D argues
It a
He got off easy! Affirmed.
Lower court awarded PL $31,000 in lost profits and $3,540 for loss of chattels resulting from the wrongful lockout. The jury found that PL had neither abandoned nor surrendered the property. ∆ appealing: not enough evidence to show that she didn’t abandon.
There was no actual or threatened violence used against the tenant.