Karla Paxton v. Theodore and Sandra Wiebe

Wrongful eviction, conversion, and intentional infliction of emotional distress claims by former tenant against landlord. In late-September 1994, Karla Paxton moved from Montana to Beulah, North Dakota. With the assistance of a women's resource center, Paxton rented a mobile home from Theodore and Sandra Wiebe who owned a small trailer court and did not require a deposit or a written lease. The Wiebes put Paxton's utilities in their name because she could not afford the deposits. The Wiebes allows Paxton to use two of their cars and to rent their van. The Wiebes also hired Paxton to care for Sandra Wiebe's 89-year-old father. While caring form him, Paxton stole over $1000 from him, and she later pled guilty to the theft. In mid-December 1994, Sandra Wiebe told Paxton it would be best if she moved out of the mobile home she was renting, and Paxton agreed. For the next two weeks, Paxton's mobile home appeared to be uninhabited, and the Wiebes assumed Paxton was no longer living in the mobile home. When Wiebe asked when Paxton would move her belongings, Paxton replied she had other things to do. Paxton also did not pay rent for January 1995. By January 7, 1995, the Wiebes changed the locks on the mobile home. On January 10 and 11, 1995, the Wiebes moved Paxton's remaining personal property to their farmstead. There were unsuccessful efforts in March, April, and May to have Paxton retrieve her property and pay bills she owed. In August 1995, Paxton commenced this action against the Wiebes alleging wrongful eviction, conversion of Paxton's personal property, and emotional distress.

Judgment for Paxton in the amount of $900 for Wiebes' unlawful eviction under U.D.C.C. 47-16-15, and granted relief to the Wiebes against Paxton in the amount of $188.03 for unpaid bills and van rental.

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Affirmed by the Supreme Court of North Dakota. See: 1998 ND 169.