Sublett v. State
The Fourth DCA affirmed a landlord's conviction for burglary of a dwelling after she entered a room she had rented to a tenant without permission to take the tenant's medical marijuana. The court held that the rented porch qualified as a 'dwelling' under the burglary statute and that the landlord's right of entry was limited by Chapter 83's landlord-tenant provisions, none of which authorized her entry.
Key facts
- Landlord Sublett was convicted of burglary of a dwelling after she entered a rented porch without permission to take the tenant's medical marijuana.
- The tenant occupied the porch under an oral month-to-month rental agreement with Sublett, who owned the property.
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Why it matters
This opinion is useful to practitioners handling burglary prosecutions or defenses involving landlord-tenant disputes, clarifying that a landlord can be convicted of burglarizing a room they own but have rented out, if… — full analysis with a trial
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