Locked out of home where we pay rent property held hostage and pilfered

[joebuck]

Jurisdiction

California

I have been living in my mothers home for 3years and a few months, I came here upon release from prison. I discharged parol after 13 months , had a job, going to college, and often did repairs and remodels in her home in lue of rent.(probably worth more than the mortgage paid in that time). But that neither here nor there. I entered a relationship and my now fiancé move in and agreed to pay rent every month to my mother to help, no written lease or agreement. We have been there for 15 months. Me and my girl stayed at her parents for a couple days and they helped me get a car. When I go back home I can't get in and my usuall means of entry (electronic keypad for garage) has been changed. When I called to ask what was going on I was told that I could go stay with my girls parents since they are helping me now. When I asked why I was locked out and I need to get in my room I was told "I'm just not home, you should have called first".

Can I force my way in without getting in trouble from law enforcement? Is it legal for her to pack my belongings and remove property? She has withheld my daughters diapers, clothing, and bedding saying she didn't have them , but I saw them in the back of her car. What can I do?

 

[army judge]

I have been living in my mothers home for 3years and a few months, I came here upon release from prison. I discharged parol after 13 months , had a job, going to college, and often did repairs and remodels in her home in lue of rent.(probably worth more than the mortgage paid in that time). But that neither here nor there. I entered a relationship and my now fiancé move in and agreed to pay rent every month to my mother to help, no written lease or agreement. We have been there for 15 months. Me and my girl stayed at her parents for a couple days and they helped me get a car. When I go back home I can't get in and my usuall means of entry (electronic keypad for garage) has been changed. When I called to ask what was going on I was told that I could go stay with my girls parents since they are helping me now. When I asked why I was locked out and I need to get in my room I was told "I'm just not home, you should have called first".

Can I force my way in without getting in trouble from law enforcement? Is it legal for her to pack my belongings and remove property? She has withheld my daughters diapers, clothing, and bedding saying she didn't have them , but I saw them in the back of her car. What can I do?

Apparently she's claiming you abandoned your living arrangement.
I suggest you send her a letter by certified mail requesting her to arrange a meeting with you to allow you to retrieve your belongings.

You can alternatively call the local police and ask to have an officer meet with you at her home (when you know she's home) to allow you about 10-15 minutes to retrieve your stuff.

Your other remedy is to sue your mother in small claims court. That remedy would suck.

The optimum solution is to secure your own apartment.
This is an unfortunate event which will further aid you in your complete rehabilitation and reentry into civilized society.

Welcome back.

 

[joebuck]

Apparently she's claiming you abandoned your living arrangement.
I suggest you send her a letter by certified mail requesting her to arrange a meeting with you to allow you to retrieve your belongings.

You can alternatively call the local police and ask to have an officer meet with you at her home (when you know she's home) to allow you about 10-15 minutes to retrieve your stuff.

Your other remedy is to sue your mother in small claims court. That remedy would suck.

The optimum solution is to secure your own apartment.
This is an unfortunate event which will further aid you in your complete rehabilitation and red try into civilized society.

Welcome back.

Thanks army judge, I don't really want to sue my own mother that just doesn't seem right no matter how petty she is being. I was only gone for 3 nights. I have been there for three years and have acquired a lot more stuff than 15 minutes would would allot me to move. Can I break into the house since it is my residence. She. Is making it very difficult for me to get my stuff , I have been there with a sheriff but she was not there. I called her and told her I was coming so she left.

 

[army judge]

Thanks army judge, I don't really want to sue my own mother that just doesn't seem right no matter how petty she is being. I was only gone for 3 nights. I have been there for three years and have acquired a lot more stuff than 15 minutes would would allot me to move. Can I break into the house since it is my residence

I never advise people to use self help remedies.
The only time breaking into a building is easy to defend is if you own it, and aren't leasing it to anyone.

Try calling the cops.
At least you can get some of your stuff and arrange with mother when to get the rest.

 

[joebuck]

I never advise people to use self help remedies.
The only time breaking into a building is easy to defend is if you own it, and aren't leasing it to anyone.

Try calling the cops.
At least you can get some of your stuff and arrange with mother when to get the rest.

Ok thanks for the heads up. Trying to cover my butt , I'm enjoying freedom and want to keep it that way

 

[Michael Wechsler]

Can I force my way in without getting in trouble from law enforcement? Is it legal for her to pack my belongings and remove property? She has withheld my daughters diapers, clothing, and bedding saying she didn't have them , but I saw them in the back of her car. What can I do?

I don't know what the reason for this sudden change of treatment is and it's none of my business. I will only state that keep in mind that if there was a breach of your lease - even if just month to month - this may present part of the difficulty with negotiation.

Generally police don't get involved and I couldn't agree more with @army judge about liberal self-help remedies. But what you might want to do is calling the police. They don't always help with issues like these but if you mention that it involves the welfare of a child, they may be more inclined to come out to help you. Right now you should have a month to month lease under the law, at a very minimum. But these rights you have aren't necessarily going to get you into the house or solve your problems. Perhaps they will give your mother the idea that she made her point, petty as it is, but she's going to have to give somewhere with the sight of the police. I wouldn't want to sue my mother in court either and there probably won't be much money either - a lose-lose situation. Good luck with your situation and kudos for cleaning up your life after your release and successful parole.