Legal Question in Legal Ethics in California
Hi this is a long story, I hope you can help me with some advice,thanks. I am an international student who is not familiar with LA and its law in the U.S. I was looking for housing and I found an advertisement in a school that I can have free housing if I help to drive two kids after school from 3-6pm with their car. I accept the offer and move into the host family for one month. We did not sign any contract about rent and employment. During the month, I drove on weekdays with my host mom because she want to show me the directions to the kids' school and places for their extra curricular activities. On one day, I reversed the car and the break did not work well so eventually hit another parked car. The car owner charged us $1200 for repairing her car. My host mom want me to pay $800 while she pay $400. At that time I thought I might also have fault because I was the driver so I pay my part $800, which is a huge and unexpected cost to me.
I found that my work is too overload because my job become like a babysitter. The house is also far from school so I am not able to study and join school's social activities. After considering that my first priority is to study, I talk to my host mom and say I want to quit the job and leave. I asked her for allowance of 10 days for me to find a new living place. She and her husband( who is the house owner) agree to let me stay until I find the place. They didn't took my key and authorize me to keep the house key. However, my host mom want to see me move out to make sure I do not steal anything out of the house. I agree to that so I left all my belongings in the room. But when I want to use the key to go to the house to get only one piece of my spare clothes, the host mom prohibited me from doing so. She said it is illegal that I go into the house before the day that we are supposed to meet. She took my key back and kept my belongings. Now she reveals her final purpose, which is to ask me for one month rent $675 in order to get my luggage back.
My questions are:
1. Is my action of going into the house to get only little of my personal stuffs( clothes, textbooks) illegal?
2. Is her action of keeping my belongings illegal?
3. She concludes that I missed two days work during the month (because of study), the accident, I didn't drive her kids to school independently, and the attitude that I didn't notice the her husbands and kids why I leave which hurts their feeling. She said I didn't fulfill my responsibility and need to redeem them so I need to pay her back the rent. Does this claim make sense in the sense of law?
4. I can refuse to pay the rent, right?
5. What will be the best solution to have my belongings back?
I am really thankful if you can reply me as soon as possible so that I can focus back on my study. Thanks a lot for your generous help.
2 Answers from Attorneys
Legally you are a tenant. It does not matter whether you pay rent or work off your rent, as you do. A landlord or room mate can not keep your personal property. They have to give it back to you. You have the right to call the police and ask for your property to be returned. You might call and tell them if they don't give you your property, you will have to call the police.
[email protected] http://www.lawbarron.net
Ms. Barron is correct. It is completely illegal for anyone you get living space from to take your property or lock you out, whether you owe rent or not. Pick a time you want to go get your things, then call the police and don't tell them the whole story, just that you were a "boarder" and that your landlord has locked you out and you want your things. Then tell them you are asking for a "civil standby" while you go get your things. Then meet with the police officer at the house at the agreed time and go knock on the door. You should be able to get your things then.
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