Legal Question in Landlord & Tenant Law in California

hey changed the locks and packed our beloging without written notice.

I wrote a couple days ago, and thank you for the reply's. I told how we rented a house, and the landlords son who had lived there before he went to jail. When he got out, he saw the parents had rented to us. Before we moved in, we agreed with the landlord that their son could keep his stuff in the garage and sheds. A couple weeks after moving in, he made bail and returned to the house to find we were renting it. He carried on around there like he still lived there. I put locks and latches on doors and gates, only to have them broken off. I replaced a door that he tore off completly with a heavy duty security screen. He cut through that, so he could get to whatever he needed. We got no respect. He'd be in the back yard that we were renting at all hours of the night. We complained to the landlord, and they said they would take care of it. Well it got worse. The son would go out of his way to agravate us so we'd move out. After about 8 months of this, and them not putting a stop to there sons disrespect, I refused to pay rent. now they've locked us out and have gone through and packed our personal belongings. Well I think what they are doing is against the law. What actions can I take? And how do I go about it?


Asked on 10/21/05, 3:57 am

3 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: No Self Help

The Landlords are wrong to lock you out, since you are paying rent and the property is therefore yours. Additionally, if their son is trespassing, you should call the police. There may conditions placed on his bail which if violated would send him back to jail. You should consult an attorney immediately. Good Luck

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Answered on 10/21/05, 11:25 am
Randy Schlosser Law Office of RM Schlosser

Re: hey changed the locks and packed our beloging without written notice.

Generally, a landlord, and/or his agent, cannot act to remove a tenant from possession of real property without either a court order or the agreement on the tenant to vacate. To take actions to force a tenant to vacate, such as removing doors or unlawfully entering their property without permission or the proper notice as required under the civil code, could subject a landlord to liability for "constructive eviction". This is what is known as self-help and is referred to in several other answers.

In most circumstances, constructive eviction cases are complicated and should be handled by an experienced real estate attorney. You need to discuss the particulars of your case with an attorney in a consultation so he can get all the relevant facts of the case.

Constructive eviction cases, though tough to win, can have quite high judgments. Until all the facts of your case are known, an attorney cannot evaluate the value of your case and the probability of success.

If you are in my geographical area, I would be willing to meet with you to discuss this case.

This information is intended as general information for the education of the public. It should not be construed as legal advice as to your particular case.

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Answered on 10/25/05, 1:20 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: hey changed the locks and packed our beloging without written notice.

you should consult with an attorney one-on-one, so the attorney can go over ALL of your facts thru a free flowing conversation exchange. its too difficult to FULLY asses or direct you legally from general posts. but, in a nutshell, your landlord cannot use "self help" to "evict" you. meaning, if you were locked out and your personal property confiscated without a court order, your landlord is LIABLE for numerous damages. if you would like more concrete help and direction, contact us today.

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Answered on 10/21/05, 4:55 am


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