Legal Question in Landlord & Tenant Law in California

Am I a legal tenant?

A person I thought was my friend let me move into his vacant house in June of this year. The deal was that instead of paying cash for the rent, I would keep an eye on the place and could stay as long as I wanted.

Recently he made it clear that he wants to be more than friends. I made it clear that I did not. Now he wants me to move, immediately. He changed the locks the other day while I was out. They are now key operated dead bolts, and he won't give me a key. He has a house in the back. When he goes to work, my pets & I are locked in. He even turned off the electricity for a day & night just to be an ass.

I have a felony warrant lurking after me and making my life hell. I want to turn myself in, but the atty I've spoken with wants to find out more info before I do.

My �friend' has decided that he wants EVERYTHING I own, except for my pets and clothes. He wants me out ASAP and has threatened to call the police and turn me in if I try to take MY OWN belongings! I came into some money last year and purchased new furniture and art.

What can I do without taking the chance of being arrested on the warrants?


Asked on 9/18/03, 7:42 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Am I a legal tenant?

Sounds to me like a two-fold situation. First it does sound like you have established tenancy, and you could sue for a forcible detainer to get your property, your pets, etc. Secondly it sounds like your friend is liable for false imprisonment, meaning you could sue him for locking you in. Thirdly, it sounds like your friend could be guilty of extortion.

However, the second-fold of the issue is that you are on the lam facing a felony warrant, and that warrant is basically going to come into play no matter what you decide to do. My office handles criminal and tort claims. I suggest you call me at 818-427-6246 so we can discuss this issue further.

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Answered on 9/18/03, 7:59 pm


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