Tenant must prove landlord denied opportunity to obtain personal property
Patrick and Kimberly Hoffmeyer sued their landlords, Lon and Bonny Ingram, after they were unable to recover personal property in their commercial tenancy. The Hoffmeyers had agreed with the Ingrams to leave the premises if certain payments were not made within a stipulated time frame. When no payments were forthcoming, the landlords padlocked the premises. The court held that in order to prevail, the Hoffmeyers were required to offer proof that they had made reasonable efforts to secure possession of their propery. The plaintiffs argued that this ruling improperly increased the burden of establishing a conversion of property. The Court of Appeals upheld the ruling.