Legal Question in Landlord & Tenant Law in California

Ive been remodling a rental house and doing it as least costly as I can. So ive let a few guys stay there rent free in exchange for work done on the house. The guys have done a great job so far. Until the last one. He said he had expireance doing tile floors. Together we agreed that he could stay for 30 days, rent free to finish laying tile. I didnt have him fill out any rental agreement. We just talked about it. I let him know that I would try not bother him at all hours of the night and day but that I was working on the place so Id be in and out occasionaly while he was there. I allowed him to put some things in the grauge with mine Re: tools, building supplys and such along with some of my personal property. Our agreement regarding his stay was for the living part of the house not the grauge. That he would have access to grauge but not full access, meaning we would share it. I told him that I keep the key on a nail on the wall inside the house. One day I went to the house to get something from the grauge and found not one but two new locks on the door. I tryed for a couple of days to get a hold of, Via cell phone and going by the place. I left messages but he would not respond. Finely, I damaged my own door and removed his locks. I did not put a new one on so he could still get in when he showed up. But he had a problem with me removing "HIS" locks and the police were called. He wants to press charges for the damage to his locks. And me going in there without him being there. Can he do it? Does he even have a legal leg to stand on? Should I worry? Nothing of his was taken and he sufferd no major loss, just broken locks. This is in California. Thanks


Asked on 1/31/10, 1:17 am

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

I don't think you need worry. The police did not arrest you or give you a citation, so they felt it was a civil dispute. The DA will not waste his time with the matter.

Legally, either one of you had the right to enter the garage at any time, with or without the other person being present. He had no right to lock you out; while California prohilbits in general self help, if he would not have removed the lockes even if you had a court order what damage did he suffer that he would not have suffered at a later time. He is liable to you for your costs in not being able to use the garage

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Answered on 2/05/10, 7:46 pm


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