Bender v. N. Meridian Mobile Home Park - 636 So. 2d 385 (Miss. 1994)

Rule:

The measure of damages for conversion is the fair market value of the property at the time and place of its conversion.

Facts:

The tenant was evicted by the landlord for failure to pay rent; the landlord used self-help by changing the locks on the trailer. The landlord took an inventory of the items left in the trailer, stored them for two months, and then sold the items at a rummage sale. The tenant filed suit, claiming that he was wrongfully evicted pursuant to Miss. Code Ann. § 89-7-51 and that the statute at issue was unconstitutional; he also alleged conversion. The landlord counterclaimed for past due rent and storage fees. The trial court found in favor of the landlord on all issues. The tenant challenged the decision. 

Issue:

1. Did the trial court err in finding that the tenant was not wrongfully evicted? 
2. Did the trial court err in denying recovery of all damages for conversion by land and in failing to award damages for landlord’s violations? 

Answer:

1) Yes. 2) No.

Conclusion:

On appeal, the court reversed the judgment on the tenant's eviction claim, holding that, absent a lease provision, the landlord could not resort to self-help remedies. Furthermore, § 89-7-51 did not allow for ejectment for failure to pay rent. As to the constitutionality of the statute, it was raised for the first time on appeal and, therefore, was not preserved. The court affirmed the judgment in favor of the landlord on the tenant's conversion claim, holding that the amount of damages assessed was credible and not subject to review.