Legal Question in Landlord & Tenant Law in California
locked out, belonggings being held
i have been renting a room from my cousin since may of 2007, my name was not on the lease. every month rent was due on the fifteenth. on the eleventh she asked for the rent. i didnt have it at that time. i come home an hour later to find the locks changed. she had told me ''you will get your things when i get my money.'' i come back the next day with an officer and some of my things are missing from my room like my computer and expensive electronics. my personal things have been gone thru and mistreated and i even have pictures of this. i have not been let back into the house since. i ended up losing my job because my work clothes and i had to stay with a friend. they are still refusing to give me my things because they claim i owe them a full months rent. come to find out they moved out of the house and left my things behind. can i sue for my stuff or what can i do? do i owe them rent for a month they locked me out? am i able to get my things?
3 Answers from Attorneys
Re: locked out, belonggings being held
Yes, you can sue. Total up the damages, and sue in small claims court for under $7,500.
Even without a written lease, their actions were improper.
You do not owe rent for the month you were locked out.
Legally, you are entitled to a return of your items, and, while it is unusual in situations involving relatives feuding, there has been at least one crime committed (conversion) and possibly receiving stolen property. You'll have to go to your local D.A. to file charges.
Even if you had abandoned property, which you didn't, there are certain procedures to go through, and none of them involve locking one out and taking their possessions.
If you need more help, please feel free to e-mail my office.
Good luck!
Re: locked out, belonggings being held
Yes, you can sue. Total up the damages, and sue in small claims court for under $7,500.
Even without a written lease, their actions were improper.
You do not owe rent for the month you were locked out.
Legally, you are entitled to a return of your items, and, while it is unusual in situations involving relatives feuding, there has been at least one crime committed (conversion) and possibly receiving stolen property. You'll have to go to your local D.A. to file charges.
Even if you had abandoned property, which you didn't, there are certain procedures to go through, and none of them involve locking one out and taking their possessions.
If you need more help, please feel free to e-mail my office.
Good luck!
Re: locked out, belonggings being held
Yes, you can sue. Total up the damages, and sue in small claims court for under $7,500.
Even without a written lease, their actions were improper.
You do not owe rent for the month you were locked out.
Legally, you are entitled to a return of your items, and, while it is unusual in situations involving relatives feuding, there has been at least one crime committed (conversion) and possibly receiving stolen property. You'll have to go to your local D.A. to file charges.
Even if you had abandoned property, which you didn't, there are certain procedures to go through, and none of them involve locking one out and taking their possessions.
If you need more help, please feel free to e-mail my office.
Good luck!
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