Brief Fact Summary
A landlord was concerned with the destruction of his property. The landlord wrote the tenant a letter requesting that remodling be completed in two weeks. During the two week period, the landlord witnessed what he thought was the destruction of the property and entered the property and changed the locks. The tenant sued for damages and wrongful eviction.

Rule of Law and Holding
The common-law rule that a landlord may rightfully use self-help to retake leased premises from a tenant in possession without incurring liability for wrongful eviction provided two conditions are met: (1) The landlord is legally entitled to possession, such as where a tenant holds over after the lease term or where a tenant breaches a lease containing a reentry clause; and (2) the landlord's means of reentry are peaceable. However the law disfavors self help and will rarely find the landlord's actions peaceable. The law is written to push landlords from self-help to the summary process.

Topics
Landlord/Tenant