Friday, March 23, 2012

Jordan v. Talbot case brief

Jordan v. Talbot, Supreme Court of CA, 1961
  1. Lease is FSSCS leasehold and provided for lessor to have right of re-entry upon breach and lien on personal items. P two months late in rent and without her consent, lessor unlocked door and entered and removed furniture and refused re-occupancy. P filed for forcible entry and detainer.
  2. Holding – lessee did not abandon her apartment, she was peaceably in possession. The landlord may not use self help when disputes arise over property.
    1. Landlord entry is considered forcible as it was without consent and violence was threatened if P returned
  3. Rule – Landlord should use legal process – summary process
    1. Public Policy – Orderly procedure and preservation of peace require that the actual possession shall not be disturbed except by legal process

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