Legal Question in Landlord & Tenant Law in California

tresspass suite against landlord

In the October of 2005, my landlord w/out prior notice & w/out entered the basement of my single-unit, family home and filled it w/ his personal belongings for 4 mos. The rental lease does not stipulate that the property rented to me did not include the basement. I was not given any deduction in rent for this time period. Is it too late to file trespass and privacy damages in a civil suit? Additionally, the landlord keeps entering the private gardens of my residence without prior notice to butcher the trees in severe pruning and plant other trees. The most recent events occured in 9/2007 & Jan 2008. To date, some of the trees have not recovered from his severe pruning. I would like to sue for trespass and damages to the aesthetic appeal of the unit.

Would any of these events have merit?


Asked on 4/30/08, 4:06 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: tresspass suite against landlord

You would have to look carefully at the lease provisions, and absent these it is very interesting.

Assuming nothing to the contrary in the lease, his action in the basement is a clear violation of landlord tenant laws.

There is no definitive statute for the right of privacy, so the lawmakers threw in a catch-all phrase that the SOL is 4 years if not covered elsewhere (where there is no SOL covering right of privacy.

The real problem is proving real damages. My suggestion is to negotiate with him, and get him to agree to no more pruning.

What is improper pruning to you, might seem normal to a judge or jury.

My answer to your last question is you do have merit, but there are no damages.

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Answered on 6/22/08, 2:47 am
James Chau Law Offices James Chau

Re: tresspass suite against landlord

You should file a claim in small claims court if you feel like you have been damaged.

If you have additional questions you should contact any attorney in your area.

Good luck.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/07/08, 2:14 am


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