Butler v. Allen

WILSON, J.

Appellant is the owner of five apartment houses in the city of Los Angeles, in one of which respondent, a cultured, elderly lady professionally trained as a business librarian, had been a tenant for five years. During that time she had usually paid her rent on or before the third of the month. On several occasions she paid as late as the fifth or eighth. Appellant had always accepted the rent whenever tendered without objection as to time of payment until the occurrence which gave rise to this action. On March 2, 1944, respondent went to the desk where she had been accustomed to paying her rent and an employee of defendant in charge of the desk refused to accépt payment stating that appellant wished to see her. She immediately repaired to appellant’s apartment and he said that he did not have time to talk to her. On March 3d she again offered to pay another of appellant’s employees then at the desk, who stated that she had been instructed by appellant not to accept the rent. On the evening of March 4th, at respondent’s request, the night clerk called appellant on the telephone and asked him to come to the office so that she might pay him, but appellant refused to do so. On March 7th respondent procured a postoffice money order for the amount of the rent and had a letter written and an envelope addressed to appellant by a stenographer who resided in the same apartment house, enclosed the letter with

[868]

the money order in the envelope and placed it in a nearby mail box. She heard nothing more from appellant until she returned to her apartment on the evening of March 14th and found that her key would not open her door. Upon inquiry as to the reason for having locked her ont of her apartment appellant replied that he had done so because she had not paid her rent. She informed him that she had sent him a money order through the mail on March 7th, but he denied having received it. She stated that she had no place in which to sleep and appellant directed one of his employees to provide a place for that night. She was taken to an apartment which had accommodations for eleven people. The room was unclean, empty beer bottles were scattered about and it was otherwise uninviting. She asked for a key so that she could lock the room and was told that there was none. Respondent, not desiring to sleep in such surroundings, stayed two nights with a lady who occupied another apartment in the building and then found a small room in another location where she remained for a few days until she found a permanent place of abode. Meanwhile respondent had been unable to get any of her personal belongings. She was without clothing except that which she wore at the time she was locked out, and was unable to obtain even a nightgown. Appellant compelled her to pay a half month’s rent before he would allow her to take any of her property. Upon being permitted to enter the apartment which she had occupied she found a roughly constructed double bed which had been placed there in her absence. Some of her belongings had been swept into the closet appurtenant to her room, others had been scattered over the house. Some were found in the basement, some in a ■janitor’s dirty service closet in grocery cartons; keys to her trunks had been lost; blankets and a. chair which she personally owned had not been recovered at the time of the trial.