Legal Question in Real Estate Law in California

I was employed by a property management company and lived on-site on the property. When I came into the office one day my supervisor asked me to go home because they were going to continue my employment. This also happened to be the day that I was suppose to turn in the keys to my unit because I gave a 30 day notice to move out but I didn't give my keys because I had more items in my home to move out. That night I went back to my house to move stuff out of my house and the security approached me saying that I was not allowed to be on the premises and not allowed into my home. I told him that I still have possession of the unit but he proceeded to escort me off the premises.

In all my years of property management I am pretty sure that I have a large case for unlawful eviction because I still had possession of keys and they did not serve me with a 3 day notice nor a 30 day notice. Do I have a case and can someone help me?


Asked on 12/28/10, 2:24 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Resident managers are treated like employees, not tenants, and can be terminated and removed from the premises without an eviction procedure.

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Answered on 1/02/11, 2:48 pm

I disagree with Mr. Whipple here. He is correct that resident managers are employees, but they do not leave all of their tenants rights at the door to the manager's unit. If there is a special managers unit, having such things as a reception area, counter or other facilities in the unit but specifically designed for management duties, he is right that no notice is required upon termination, but that is not the same as permitting seizure of the manager's property and denying him access to the unit. If the manager just has a discounted rent on a standard unit, paid out of wages, he is a renter like any other, except the tenancy ends with employment and only a three day notice is required. The key reason I think Mr. Whipple is wrong here, however, is that self-help remedies are not permitted in any case. Just like any other resident you are entitled to unlawfully detain the premises without being locked out or worse yet being physically barred from your unit by security staff, and your property seized, if you are willing to face the consequences of an unlawful detainer action against you. So while I agree with Whipple that you do not have an unlawful eviction action if you occupied a manager's unit, you do if you occupied an undifferentiated unit and paid rent by deduction/credit against wages. And in either case you have a conversion cause of action for taking your property.

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Answered on 1/26/11, 9:34 pm


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