Legal Question in Real Estate Law in California
Illegal locks
I have a situation where one owner of a property demanded that the other owner of the property vacate. The first owner also has changed the locks so access is not available to the second owner of record. Is there a law/statute that discusses this? There was no restraining orders, violence or anything of that nature involved. Just a person with great deal of vengeance. Thank you.
2 Answers from Attorneys
Re: Illegal locks
If you are co-owners (tenants in common or Joint Tenants), you each have an equal right to occupy the property. If one owner locks the other owner out, you would have to file a forcible detainer action against the other owner to restore your occupany rights. Furthermore, you would be entitled to the fair market rental value of your portion of the property. If you are located in SoCal and would like a free telephone consult call me at 818-998-1584
Re: Illegal locks
The act of one co-owner excluding the other is referred to as an ouster. The legal means for establishing that an ouster has occurred and for obtaining legal relief are set forth in California Civil Code section 843. Specifically, subsection 843(c) allows you to bring an action for damages, possession or partition of the property. Partition usually involves a court-directed sale of the property and splitting the money received between the (former) co-owners.
I do not believe the quicker unlawful detainer action can be used. An unlawful detainer is defined in the Code of Civil Procedure at section 1161 as applying to possession without right by someone who formerly had a possessory interest less than a life estate. Since a tenant in common or a joint tenant has an unlimited right of possession, such a cotenant cannot be guilty of unlawful detainer.
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