Legal Question in Real Estate Law in California

self help evictions

i wwas living at 7201 browns valley road for about a year and work got slow i left my landlord a note bofore i went to work at 5am, telling her i would be late and she said that this was not going to work i was going to have to leave so for the next two weeks i did not talk to her then i started getting threating calls at my work that i better be out by the first or she was calling the sheriffs and a locks smith. I left her a note saying she needs to give me a notice to move and she never did and the first came she tried to enter the house and put furniture on the deck of my place and told me this belongs to the new tenant, so i was forced out without a legal notice. what i want to do is take her to court for an illegal eviction and she never gave me back the difference on the deposite and the rent. So how do i do so and what forms do i need.

thanks


Asked on 4/06/05, 12:03 am

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: self help evictions

Absolutely. Your landlord broke every law in the book, including trespassing. File a small claims action for breach of contract and trespassing.

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Answered on 4/06/05, 11:20 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: self help evictions

If your story checks out and there are no defenses not mentioned, you are 100% right, this was an illegal eviction probably by an amateur landlady.

However, getting justice done is not so simple as just filling out a form or two. Probably your best bet is to find a tenants' rights organization and/or a "pro bono" legal assistance group in your town or county. I think getting justice done will require local lawyer assistance, and if you can't pay for it these kinds of assistance organizations, although overworked and underfunded, may be your best or only hope.

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Answered on 4/06/05, 6:06 pm


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