Legal Question in Real Estate Law in California

hi im travis

i recently moved out of a house that was soled in a short sale i was a tenent

i was given only two weeks to move out and i was there for 7 years 10 acres of property so i had accumulated alot of stuff

anyways i left a 40 foot container full of tools and had an agreement with the new owner to move it off of the property in 30 days he was also supposed to give me access to it so i could empty it and then have a transport company come and move it

anyways he never gave me access to it and one day he was there i came and talked to him and told him the transport company that i had scheduled there truck broke down so i asked what day would be best for him he said the following weekend so he wouldnt have to take time off from work so the following weekend i showed up with the transport company and he never showed up it cost me $400.00 to have them come out

he wouldnt answer any calls or emails

he sent me a letter that next week that he was sueing me and charging me $25.00 a day for storage

the next time he was there a month later the neibor called and told me i showed up with the sherrif and he still wont let me get my property

i am losing $200.00 a day without my tools

what do i do go to the court house and sue?

what will he be liable for?


Asked on 12/20/10, 1:02 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is probably a case that is most economically handled by taking the landlord to small claims court. I suggest you start by buying a legal self-help paperback book on how to prepare, file, win and collect on a claim. I also recommend that, as a second step, you talk to a local lawyer for some of the basic rules on tenants' rights with respect to left-behind property. The lawyer can't go to court with you, but his or her advice on the applicable law will be worth a few hundred bucks for an hour or so of prepping you. Ask the lawyer if your facts may also show a claim for "conversion" of your property.

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Answered on 12/27/10, 11:13 am


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