How Would
YOU Rule?  

Todd Tenet rented a small cottage behind his landlord’s house. The landlord, Luke Lytle, discovered that Tenet was gay and was entertaining his male friends in the rental unit. Lytle waited for Tenet to leave for work one morning, then entered the unit, removed all of Tenet’s belongings, and changed the locks on the doors. Tenet brings an action against Lytle for forcible entry and detainer. Assuming all of the facts above are proven at trial, how would you rule?

ANSWER

b. Judgment for Tenet

A landlord cannot use a “self-help” method of eviction but must carefully follow the statutory requirements for an unlawful detainer. And in this case, Lytle could find himself facing an affirmative lawsuit for discrimination or retaliatory eviction, in addition to a statutory cause of action under CC §789.3 for the lock-out.