Never Use Illegal Entry for Nonpaying Tenant

October 18, 2009

A tenant alleged that after he entered into possession of two units in a commercial building under a rental agreement, he found that the door lock had been changed and a “for rent” sign had been put up. He was told that he had been “locked out” because he failed to pay rent. He was let back in two days later. The tenant sued the owner for lost wages.

A tenant alleged that after he entered into possession of two units in a commercial building under a rental agreement, he found that the door lock had been changed and a “for rent” sign had been put up. He was told that he had been “locked out” because he failed to pay rent. He was let back in two days later. The tenant sued the owner for lost wages.

The court found that the tenant occupied and had not abandoned the premises. Once the lock was changed, the owner assumed possession and control of the premises and the tenant's possessions therein, the court noted. As such, the owner violated the entry and detainer law and the tenant was entitled to lost wages of $1,120, the court ruled.

  • Robert J. Carlson dba Bumper to Bumper v. Paul Pavano et al., February 2009

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