STATEWIDE AGENCIES, INC. v. Diggs

Larson, S.J.:

This landlord/tenant appeal raises the question of whether a landlord who has lawfully obtained possession of a tenant’s personal property is guilty of conversion by refusing to deliver possession to the tenant without the tenant first paying landlord’s expenses and past-due rent.

Statewide Agencies, Inc. (Statewide or landlord) leased residential real estate to Debra Diggs (Diggs or tenant). Diggs failed to pay November 2000 rent when it was due. The required 3 days’ notice to pay rent or quit was given.

On December 5, 2000, landlord filed a petition against tenant seeking unpaid…