Legal Question in Landlord & Tenant Law in California

Taking and conversion of personal property by landlord

My landlord performed a self-help eviction and subsequently taken and converted by personal property. I have spoken to him in person, sent a formal demand letter, and filed in small claims court. The last time I went to the residence, I learned that a neighbor had helped herself to many of my belongings, my property had been moved out of my residence and dumped out in the dirt. the items I had in storage had been relocated and as he told me ''not yours anymore.'' Many items were damaged, broken etc.

My court date is August20. I expect to win a monetary judgement. I really want my property back. HOw do I stop him from hiding, getting rid of etc. my remaining property until the court date? Is there some kind of TRO or writ of possession I can request based on the probable validity of my claim?


Asked on 6/30/07, 9:00 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Taking and conversion of personal property by landlord

A strong letter from an attorney, threatening criminal penalties, as well as civil penalties, might produce some immediate action.

Also, since you have already instituted civil proceedings, a report to the local authorities (i.e. police or sheriff) might also work. You have the elements of embezzlement and conversion, and probably burglary. This would be quicker than a TRO, and more effective. TRO's seldom produce desired results.

If you don't have proof of his receipt of your demand letter, you might want to resend it by certified mail, return receipt requested.

Again, my first step would be to have an attorney write a letter ASAP.

Good luck!

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Answered on 6/30/07, 9:20 am


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