Berg v. Wiley

Facts

Berg entered a lease agreement with Wiley that included the following conditions: Berg could not make changes in the building structure without prior written authorization from Wiley, and Berg must operate the restaurant in a lawful and prudent manner. The lease agreement gave Wiley the option to retake possession of the premises if Berg failed to meet the conditions of the lease. Berg modified the interior of the restaurant without obtaining the authorization of Wiley and persisted in her modifications after his objection. Berg also failed to operate the restaurant in compliance with appropriate health codes. Wiley’s attorney alerted Berg to her breach of the lease and gave her the option to comply within two weeks, or Wiley would retake possession of the property. On the last day of the two-week period, Berg closed the restaurant for remodeling and Wiley attempted to change the locks in her absence, but upon Berg’s request, Wiley conceded to leave the locks unchanged. Later that same day, Wiley observed Berg and her friends remodeling the restaurant, and, fearing that they were destroying the property, Wiley demanded to be admitted. This encounter resulted in Berg calling the police, who mediated an agreement to preserve the status quo until each party met with their counsel. Later that week, Wiley entered the premises and changed the locks in Berg’s absence and without her knowledge. Subsequently, Wiley re-let the premises to a new tenant.