Welsh v. Roehm

1. Landlord and Tenant ? Notice to terminate insufficient. A notice to terminate verbal rental arrangements from month to month, served April 15 and requesting possession May 1, was insufficient where rent had been paid in advance, under statute requiring thirty days notice under such circumstances. 2. Words and Phrases "right of privacy." The "right of privacy," or right of the individual to be left alone, is a complement to the right to immunity of ones person, and includes protection in the exclusive use and enjoyment of that which is ones own, and the recognition of right of privacy with respect to unlicensed publication of names, pictures and other private matters did not lessen or detract from right of privacy in ones own home. 3. Constitutional Law ? Right of privacy. The right of privacy is embraced within the absolute rights of personal security and personal liberty and is part of the right to liberty and pursuit of happiness. 4. Landlord and Tenant ? Trespass ? Invasion of right of privacy in case at bar. Where landlord, after serving invalid notice to terminate month-to-month - Page 518 tenancy though rent had been paid, moved into the leased small home with his wife, and occupied living room thereof for seventeen days and nights, interfering with tenants home life and offending tenants sensibilities, landlord was liable for intentional, wrongful and malicious invasion of right of privacy, trespass, and entry. 5. Damages ? Damages from invasion of right of privacy. The law presumes that usurpation by strangers of a mans home and continued intrusion for seventeen days and nights into the heart and privacy of family life, resulted in detriment and damage. 6. Appeal and Error ? Presumption that jury followed instruction. The reviewing court would presume that jury obeyed instruction to find actual damages before assessing exemplary damages, though verdict was for no actual damages and $250 exemplary damages. 7. Landlord and Tenant ? Exemplary damages properly awarded. Exemplary damages were properly awarded, though jury did not award compensatory damages, probably because landlord had shown personal injuries under counterclaim.