Jordan v. Talbot
Supreme Court of California
361 P.2d 20 (1961)
Jordan (plaintiff) rented an apartment from Talbot (defendant) under a lease allowing Talbot to re-enter and claim a lien on the tenant's belongings if she breached any lease term, including timely rent payment. After Jordan missed two months of rent following eight months of on-time payments, Talbot entered the apartment without permission, removed all of Jordan's belongings to a warehouse, refused her access, and had an employee tell her to "get the hell out of here." Jordan sued for forcible entry and detainer and for conversion of her property; a jury awarded her damages, including punitive damages, but the trial court granted Talbot a new trial, and Jordan appealed.
Whether a landlord whose tenant is in arrears has a right to re-enter the apartment without the tenant's consent, even if the lease contains a provision purporting to grant that right.