Legal Question in Landlord & Tenant Law in California
unlawfl entry
I was a home owner.my house was foreclosed at June 17th,2009 and the new owner by2:30 without any prior notice changed the lock to the property when 2/3 of our belonging still kept inside the house and we were moving it.We had not trashed the house and had not abandoned the property.I am seeking a civil law suit against this real estate agent.
Since the event, I feel unprotected and I keep crying as soon as I get flash back. I need advise and what are my rights to make a man who breaks the lwa against people who are law abiding and I had facilitated to move out of property without any harm or damage.
I live in Carlsbad California
3 Answers from Attorneys
Re: unlawfl entry
They need to use due process to evict and not take self-help. Contact me directly.
Re: unlawfl entry
Please immediately consult with a lawyer in your community who handles these kinds of things. You cannot be evicted without legal process -- i.e. three days' notice, and then if you don't move, an unlawful detainer lawsuit. Good luck to you!
Re: unlawfl entry
I am sorry to hear of your situation. The law is this - upon successful sale at the Trustee's Sale, the new owner must give you thirty days notice (assuming you were the owner of the property prior to foreclosure), and after that notice is given, must file and prosecute an unlawful detainer lawsuit. The buyer at sale is apprently unaware of the law in this area, and while lack of knowledge is not an excuse for his conduct, it could mitigate any "intentional" aspects of his actions. Why sue the real estate agent? Is that who bought it at sale? If not, you need to go after the actual buyer - the real estate agent, if the one who changed the locks, was acting only as an agent on the buyer's behalf. You do need to consult with an attorney - this is not something you will be able to handle on your own.
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