Rental Basics in San Jose>Question Details

the_mouth24, Renter in San Jose, CA

Can my landlord change the locks and move all of my property out of my room and hold it hostage, along with my car, in her garage?

Asked by the_mouth24, San Jose, CA Sat Dec 29, 2012

This happened in California, my landlord/friend who I was sharing a condo with, removed all of my property from my room without my consent, put it in her garage with my car, changed all the locks and held my property for a month. This happened at the beginning of the month and I had already paid rent for that month. I was not on a lease

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7
I have this cosmic feeling that you are not giving us the whole story:
Something tells me that this was not simply a business/landlord relationship.

In any case; this is not a Real Estate question;
this should be directed to either a Lawyer or Dr. Ruth.
2 votes Thank Flag Link Sat Dec 29, 2012
no you are correct, we were good friends for 2 years before i moved in, once i moved in things didnt go so well
Flag Sat Dec 29, 2012
Hi there,

Call the police and get a police escort ! You will then be able to get your belongings and your car!
No matter who is at fault, You should be able to get your property!!

Happy Holidays,
Diana
1 vote Thank Flag Link Sat Dec 29, 2012
Obviously they can do that, because it happened. If it was legal/illegal for them to do is a different question. You say you didn't have a lease, so technically you may have been trespassing, I really have no clue. Like others, I'd recommend you contact a tenant attorney (like in the link below) or you may want to invest in a bolt cutter ($30-$100) if it's been locked with a padlock, or a lock pick set (you can pick them up for less than $20) if it's a standard door lock. However I usually find the least expensive way is to have discussions. Probably also want to start looking for a new place to live, as even if you are able to come to some sort of agreement to get your property, it sounds like this person isn't really a true friend.

I also agree that you may not be telling the full story, because if your items are being held hostage, then what are your items being held hostage for?

http://www.caltenantlaw.com/ has good general information on tenant's rights in California.

http://gedlaw.com/ is an attorney located in San Jose who specializes in tenant/landlord law.

Hope you can work this out.

Shane Milne | Lending in all 50 states | NMLS #81195
1 vote Thank Flag Link Sat Dec 29, 2012
I already figured it out, here in california a "lodger" has the same rights as a renter, it is required she give me a 30 day written notice before changing the locks, so she is guilty of wrongful eviction, and in violation of CA civil codes 1954 and 1965
Flag Sat Dec 29, 2012
This is not a Real Estate question, this should be directed to a Lawyer.
1 vote Thank Flag Link Sat Dec 29, 2012
You need to go talk to an attorney.
0 votes Thank Flag Link Tue Jan 15, 2013
the_mouth24:

No comment on the legality of what has been shared; however, some additional facts may need further investigation before coming to your conclusion submitted under Shane's Response:

"I already figured it out, here in california a "lodger" has the same rights as a renter, it is required she give me a 30 day written notice before changing the locks, so she is guilty of wrongful eviction, and in violation of CA civil codes 1954 and 1965"

Please referenced marked page #4 of http://docs.Steven-Anthony.com/Landlord-TenantGuideCA2010.pdf as additional CA Civil Code sections 1940(a), 1946.5, and 1946.5 Penal Code Section 602.3 also apply.

-Steve
0 votes Thank Flag Link Sat Dec 29, 2012
Thank you for your question:

The question that you have asked is a legal question, not a Real Estate Question. We are licensed to handle Real estate issues, not legal issues. We are not even permitted to answer legal questions under our Real Estate licenses.

Only an Attorney who is licensed to practice law in The State of California is permitted to answer legal questions.

The Attorney that I recommend is Ron Rossi. The telephone number for Ron Rossi is: (408)261-4252.

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Cell Phone: (408)509-6218
Fax: (408)269-3597
Email Address: charlesbutterfieldbkr@yahoo.com
DRE#00901872
.
0 votes Thank Flag Link Sat Dec 29, 2012
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