Problem
Sheldon and Leonard rented an apartment at 123 Main Street in Virginia Beach, Virginia. They rented a two-bedroom apartment for five years and signed a lease in which they agreed to pay Lonnie Slumdog $1000 per month. One night at 9 pm, Lonnie showed up and used his master key to let himself in. Leonard objected to Lonnie letting himself in. Sheldon stood behind Leonard and nodded his head in agreement each time Landlord spoke. Lonnie claimed as the landlord and owner of the property he could enter at any time during normal hours.
One-day Penny a young lady moved in across the hall. Leonard, Sheldon and Penny became friends. After a while, Penny and Sheldon and Leonard exchanged copies of their apartment keys. Their agreement was that if someone locked themselves out, the other apartment would have a key to open the locked apartment. Over time they all used the keys to borrow things out of each other's refrigerator or for some other obscure reason.
One night when coming home, Sheldon thought he heard a weird noise coming out of Penny's apartment. Sheldon knocked on Penny's door three times saying her name after each time he knocked. After no one answered the door, Sheldon let himself in. It turns out Penny was watching a horror film with her boyfriend. Penny's boyfriend was so upset he broke up with Penny on the spot and Penny was very upset.
Fourteen months later, it became hot. Penny's apartment did not have air condition, so she opened her window. Each time Penny opened her window for any period of time a flock of Seagulls flew into her apartment making a big mess and destroying her personal items. When Penny complained to the Landlord, Lonnie, who had experienced the same problems with the apartment above Penny years before and the one below penny one year ago, said to Penny, "you don' even have a signed lease and hey don't open your window". He also indicated it wasn't his problem to control nature. Penny could not take it after the fourth time the birds flew in and moved out.
Leonard became very depressed that Penny had moved out as he was smitten with her and was trying to work up the courage to ask Penny to dinner. As a result, Leonard starting laying on his couch all day and not going to work. While lying on the couch a rainstorm occurs and the roof starts leaking on Leonard. Leonard telephones Lonnie who tells Leonard he will look into it. A week later the same thing happens. The landlord tells Leonard the same thing. After the same thing happens two more times in a three-week period, the Landlord fixes the leak in the ceiling. One day while checking the mail, Sheldon gets in the elevator and the Elevator doesn't work. Forced to take the steps up so many flights exhaust Sheldon. Sheldon calls the Landlord who tells Sheldon "I provide you with a way to your apartment up the stairs. I am not required to put more than one method for you or any other tenant to get up to their apartments. The next day Leonard comes in and notices all of the elevator doors have a sign on them that state the Elevator is broken. After thirty days with no elevator, Sheldon and Leonard vacate the premises.
Answer the following questions:
I. Penny comes your office and asks for advice regarding whether Sheldon violated the law when he entered her apartment with the key given by Penny to Sheldon. How would you advise her.
II. Sheldon and Leonard came to your office and complained to you about the Lonnie's decision to enter their apartment in the evening without permission or justification. How would you advise them as to whether the Landlord could enter the premises in the manner he undertook.
III. After Penny moved out of her apartment because of the bird issue, Lonnie sued Penny for abandonment and rent for the remaining two years Lonnie claimed Penny had agreed to rent the apartment for. What defenses would you offer Penny to fight the abandonment. What facts and legal principals support your position. And, how do you think a court would resolve this case.
IV. After Leonard and Sheldon moved out, Lonnie also sued them for abandonment and damages for the remaining term of the rent. What advice would you offer Leonard and Sheldon as to how to defend this case and whether they have claims against the Landlord. How would the court would resolve the case. Make sure you analyze both sides of the arguments.