Legal Question in Landlord & Tenant Law in California
Locked Out?
My landlord has locked me out of my house without notice. I've called her to get my belongings, but she won't allow me to come and pick them up? Will I get into legal trouble, if I break the lock to get my belongings? As a side note, I have paid rent through the end of October.
5 Answers from Attorneys
Re: Locked Out?
If you have paid your rent, then you are still legally in possession of the unit.
Re: Locked Out?
if your landlord has locked you out of the premises without a proper unlawful detainer proceeding, you CAN not only sue her for damages, but she is also subject to criminal charges. your best route here is to consult with an attorney ASAP. The police department, under the circumstances, may force your landlord to let you back into YOUR premises immediately. if you would further legal assistance, contact us today.
Re: Locked Out?
If your landlord has locked you out, you are entitled to gain entry. I would advise you not to break into the property. Call the police and retain counsel immediately.
Re: Locked Out?
YOU HAVE WHAT SOUNDS LIKE A VERY GOOD CASE FOR A "SELF-HELP" LAWSUIT AGAINST THE LANDLORD. Generally, a landlord may not lock-out a tenant without a court order. Absent a court order, the landlord has violated California law and is liable to you for damages.
This office has handled many cases like this and the value of the case varies; however, many cases of self-help have received verdicts of $100,000.00 or more. Without sitting down with you I cannot evaluate your case specifically.
This type of case is usually a contingency case, meaning you have to pay nothing up front. Call my office at 909.931.3722 to schedule an appointment. Reference the "self-help" and law guru so we know who it is from.
Re: Locked Out?
I'd get a locksmith and move right back in. Then I'd demand the cost of the locksmith from your landlord, and tell her that if she ever does something like that again, you'll sue her for breach of contract. Since you've paid rent through October, you're legally allowed to be there. Good Luck!