Dan had been notified by his landlord, Kevin, that he was being evicted and was to vacate the premises within one month's time. Dan ignored all of Kevin's subsequent notices of the deadline, refused Kevin's help in moving and caused many confrontations on the issue that almost escalated to physical altercations. After the deadline passed, Dan's belongings were still in the apartment, but Dan was nowhere to be found. Kevin put on a new lock, moved Dan's things to the apartment storage units and left a note on the door explaining the arrangement and for Dan to come and talk to him about the situation. Upon investigation the next day, Kevin found the lock smashed and the apartment to be severely damaged. As well, Dan's possessions had been removed from the storage.
A) Dan is liable for trespass and punitive damages as a result of his trespass.
B) Dan is not liable for trespass because he was under the impression that the furniture from the apartment was being held from him by the landlord.
C) Dan is liable for trespass because the change of locks and notice provided him with proper knowledge that he was not to use the apartment.
D) The landlord is liable for trespass to and conversion of Dan's possessions.
E) All of the responses stating Dan is liable for trespass are correct.
Correct Answer:
Verified
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