WINFIELD -- A woman says her former landlords wrongly took possession of her rental home, barn and personal property, including horses.
The landlords, however, say the woman wasn't current on her rent and say she damaged their rental property.
Teresa Lynn Jacobs filed her lawsuit June 23 in Putnam Circuit Court. Mary Ann and Gary Osborne – as well as Marietta Lynch and Benjamin King – are listed as defendants.
In her complaint, Jacobs says she began renting a home in Red House and a barn in Winfield from the Osbornes on June 1, 2004. She kept horses and personal property at the barn, and she says her monthly rent of $775 was paid through June 2006.
On April 17, 2006, Jacobs says she went on vacation out of the country and arranged for Lynch and King to feed her dogs and care for her horses. She says they were given a key to her home to enter and feed the pets. She had supplied food for her pets.
When she returned May 17, Jacobs says she found Lynch and King residing in her rental home and in possession of all of her personal property. She says she told them to leave and contacted the Osbornes.
But Jacobs claims the Osbornes have failed or refused to aid her in removing Lynch and King from the home and have refused to return any of her personal property.
Jacobs alleges the defendants have wrongfully asserted control and dominion over her personal property, have caused the intentional or reckless infliction of emotional distress, are responsible for wrongful eviction because the Osbornes didn't provide a month notice of eviction and haven't provided her personal property, are guilty of civil conspiracy as well as embezzlement.
Jacobs says she has suffered aggravation, annoyance, inconvenience, humiliation, embarrassment, emotional and mental distress, loss of personal dignity, loss of use of her personal property and her rights as a tenant of real property.
She seeks compensatory and punitive damages, an order restoring her to rightful possession of her personal property, attorney fees, court costs, pre- and post-judgment interest and other relief.
The Osbornes, however, say Jacobs wasn't current on her rent for the home and the barn.
In their answer and counterclaim, they also say they have had to take care of and maintain the horses since April. As a result, they say they have incurred costs of care for livestock, and they want compensation for the food and labor.
They also say Jacobs abandoned the rental property without notice, and she destroyed doors and walls in the home. They seek compensation for those damages.
They also seek rent they say Jacobs owes them, attorney fees, court costs and other relief.
Nitro attorney Thomas Peyton is representing Jacobs. David O. Moye is representing the Osbornes. Jacobs requests a jury trial.
The case has been assigned to Circuit Judge Ed Eagloski.
Putnam Circuit Court case number: 06-C-216