Legal Question in Criminal Law in California

I actually had two questions. My wife and I had our storage unit broken into, and have a witness that saw the two men and where they live. However, the witness is elderly and scared of retaliation against her if she participates. The two men are renting a house that is attached to the landlord's house, and refused the police to enter their unit. The first question is, can the landlord allow the police to go into the unit without the tenant's permission since it is part of the house? The other question is have there been cases that allowed the victim to sue the tenant's landlord for losses claiming that they knew the character of the tenants? They had just gotten out of jail for related charges the week before the theft, and had been involved in similar actions in the past. We do live in California, and I know they have scrawly laws here! Thank you!


Asked on 12/02/13, 5:57 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

1. A landlord cannot provide valid consent for the police to search the area the tenant lives in, because the tenant has rented it and has the right to possession and can exclude others, including the landlord. This rule also applies to landlords, and the police need a warrant, absent exigent circumstances, to search property rented by tenants.

2. There is a lot of case law that states that the landlord is not liable based on the legal doctrine that the criminal act of a third party tortfeasor is an intervening and superseding cause that absolves the landlord of any liability.

These rules are nationwide, and not just specific to California.

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Answered on 12/03/13, 4:52 am


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