Legal Question in Landlord & Tenant Law in California

My mother signed a lease for a year. The leaseing agent said she would have to pay 1000 deposit and 99 first month move in. My mother paid the 99 move in fee...and was given the keys to move her property in the apt. The 1000 was not paid yet do to banking. I her son also moved in only wensday - thursday...i have the gas in my name and cable. I came home to find a man changing the locks on the door and the manager had entered the apt. The lease was signed on the 18th of Nov and was given the keys to move in.....now im in the apt cant leave because she changes the locks.....is this legal and what should i do...even though im not on the lease but bills in my name. California law


Asked on 12/02/10, 10:01 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Your mother never fulfilled the terms of teh contract as she has not paid the $1,000 security deposit. The landlord, however, waived her inability to move in by giving her the keys. Your living there by your self, sinc eyou ar not onl the lease, is also improper. However, in California, the lanlodr is not allowed to use "self Help" such as changing the locks. You are not a mere trespasser but rather have a claim [though I do not think it would be successful] as a tenant. The landlord would have to go through the eviction process. You may be able to argue that yuou are basically forced to stay in the unit and not leave as your possessions might be taken or locked up and you have no key [false imprisonment].

Contact the owner and point out he is not handling this matter correctly and may cause a lawsuit to be filed. Try to work out some compromise.

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Answered on 12/07/10, 10:35 am


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