Section 11-735

Citation: Section 11-735
Parent Document: Mendes v. Johnson, 389 A.2d 781 (1978)
Jurisdiction: DC (municipal)
Effective Date: 1978-06-13
Original Source: https://www.courtlistener.com/opinion/2073911/mendes-v-johnson/ ↗

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*795 The distinction between damage to person or property during the course of a self-help eviction and the legal efficacy of self-help eviction to recover the premises (as in Snitman)[5] has been recognized at least since Newton v. Harlan, 133 Eng.Rep. 490 (1840) (cited by the majority at 6), and remains a valid one. See, e. g., Allison v. Hodo, 84 Ga.App. 790, 67 S.E.2d 606 (1951) (affirming judgment for actual and punitive damages for injury to tenant's furniture caused by self-help eviction of the furniture (proper) without taking reasonable precautions to assure its safety (improper)). See also W. Prosser, Law of Torts § 23 at 124 (4th ed. 1971) ("In all cases [whether or not self-help is permitted], he [the landlord] is liable for the use of any force beyond that reasonably necessary.").

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