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can a landlord leagally...

Discussion in 'Rental Agreements & Subleases' started by tracy raglon, May 23, 2017.

  1. tracy raglon

    tracy raglon Law Topic Starter New Member

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    Jurisdiction:
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    My sister rented a mobile home where I would have been considered a roommate I paid rent and utilities, after a period of time my sister had some issues and got behind on the rent the landlord began threatening my sister and she moved out I stayed behind and the landlord and i came to an agreement. The landlord was then suppose to draw up a new agreement and provide me with a copy.I was not on my sisters lease nor had i been given a copy of the agreement that he and i made . I then was laid off but a verbal agreement had been reached. I came home from work today and there were handwritten notes in my windows not to enter the property and the locks were changed. Is this legal and what can I do about it?..
     
    Last edited: May 23, 2017
  2. army judge

    army judge Super Moderator

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    It MIGHT be legal, if you had no written lease.
    It also MIGHT not be legal, written lease or not.
    This will probably be decided by a court.
    Your best bet would be to talk to legal aid, or an attorney or two in your county.

    I would advise you NOT to break into the unit.
     
  3. mightymoose

    mightymoose Moderator

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    This is an illegal eviction in California. You should contact local law enforcement immediately.

    You could legally force entry into this home, but should not do so before letting local police know what is happening. Before forcing entry you should allow law enforcement to contact the landlord and persuade him to unlock the door. It is not illegal to break into your own home, and it remains your home until evicted lawfully. Forcing entry may not be the best option, but there could reasonably be things inside that you feel you need access to. If police are aware, or are even present, you should not have any trouble when the landlord later reports it.

    Keep track of any expenses you have as a result of the lockout. The landlord can be held responsible for these expenses plus punitive damages up to $100/day that you remain locked out with a minimum of $250 if only locked out a day or two. The landlord can also be held responsible for attorney fees.

    You have a lot of options. Be smart about how you proceed.

    California Civil Code 789.3
    Law section
     
    Last edited: May 23, 2017
    Ross.P likes this.
  4. tracy raglon

    tracy raglon Law Topic Starter New Member

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    i
     
  5. tracy raglon

    tracy raglon Law Topic Starter New Member

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    I AM THE PERSON WHO INITIALLY BEGAN THIS THREAD FOR MY FRIEND. LAST NIGHT HE BROKE THE WINDOW NEEDING TO GET IN TO GET HIS THINGS AND PREPARE FOR WORK TODAY . THIS MORNING THE LOCAL LAW ENFORCEMENT CAME AND TOOK HIM TO JAIL AFTER BEATING HIM UP. DISLOCATING HIS SHOULDER, AND GRINDING HIS FACE IN THE DIRT, HIS CHARGE WAS TRESPASSING... WHAT NOW?
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Your friend hires a lawyer.
     
  7. mightymoose

    mightymoose Moderator

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    Yup... He got too far ahead of himself.
    There still may be an unlawful eviction as explained above.
    The trespass charge likely won't stick unless there are significantly more details that you've left out.
    He should plead not guilty when the time comes and obtain legal counsel.
    He can pursue the landlord for civil damages but that is completely seperate from the trespassing issue.
     
  8. army judge

    army judge Super Moderator

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    I tried to help your friend.
    I hinted at NOT breaking and entering after the locks were changed.
    Self help remedies RARELY end well for the actor, and your pal's arrest illustrates my point.
    It was even dumber to resist the police.
    Even if the arrest is illegal, resisting it only makes more trouble for you.
    He needs a lawyer.
     
  9. army judge

    army judge Super Moderator

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    Even if he beats the trespassing, he won't fare as well with the resisting.
    Physically Resisting an arrest is always a losing proposition.
     
  10. mightymoose

    mightymoose Moderator

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    Yup.
    Some better planning could have avoided all this.
    While I believe the displaced tenant has a right to enter, doing so must be done more carefully.
    I suspect there are some significant details missing here too.
     
  11. army judge

    army judge Super Moderator

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    This is a prime example of why self help remedies are best avoided.

    I know this, cops don't thump on people as easily as some would have others believe.

    As Johnny Cochran might have said, "The trespassing the prosecutor might kick, but the resisting is sure to stick."
     
  12. tracy raglon

    tracy raglon Law Topic Starter New Member

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  13. tracy raglon

    tracy raglon Law Topic Starter New Member

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    Last edited: May 24, 2017
  14. mightymoose

    mightymoose Moderator

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    As you describe it, the landlord has opened himself to major civil liability.
    If your friend is still in jail and needs assistance you might help to find legal counsel and collect his pproperty.
    Unless you are leaving out very significant details this is an illegal eviction and possibly a false report to police. You can not burglarize your own home. It does not matter that he did not have a written lease.

    As mentioned above, if he resisted arrest that is an entirely different problem, but is still at the discreet of the prosecutor once all the facts are known.

    Your friend needs legal counsel TODAY.
     
  15. tracy raglon

    tracy raglon Law Topic Starter New Member

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  16. tracy raglon

    tracy raglon Law Topic Starter New Member

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    My friend never resisted, several people were outside watching the whole incident. I suppose it was just some those good ole corrupt cops. In my opinion at least 80 percent of them are. There always beating up, or killing people lately...WATCH THE NEWS!!!. And that's only the ones that make the news . They're more than likely responsible for many of the murders that go unsolved. I hate cops , there use to be a time when you could trust a police officer, a doctor, or a priest. If a police puts the siren & lights on me after dark...I'm sorry but he's got to follow me to my destination. The landlords brother is a local sheriff. Good thing Josh wasn't black. Any suggestions on who may do this case pro- bono? I'm sure he has no money , I'm sure this caused him to loose the job he just went back to as a welder., a very good paying job, buy the way.
     
  17. tracy raglon

    tracy raglon Law Topic Starter New Member

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  18. tracy raglon

    tracy raglon Law Topic Starter New Member

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    yes, you did but then an officer came and told him,"technically it was still his property until the eviction process was completed," so in his opinion all he had to do was replace his window that he broke. And who says what he did was dumb. The landlord was the dumb ass here he should have come and given the man his work equipment that landlord will fry if i have anything to say about it!!!
     
    Last edited: May 24, 2017
  19. mightymoose

    mightymoose Moderator

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    That is correct, he would be responsible for any damage he caused to enter the house.

    He had this contact with police BEFORE he was arrested for burglary? Now it seems even more unusual.

    You can make phone calls and try to find legal help for him. I wouldn't expect an attorney to work for free, but you can find out what options there are.

    There really is a mess of stuff getting mixed together here, and it all points back toward the landlord.
     
  20. army judge

    army judge Super Moderator

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    That was another mistake, don't take legal advice from anyone but a lawyer LICENSED in your state.

    You see, he already should have known that once the locks were applied ILLEGALLY, he would be foolish to break the locks and enter.

    That, my new friend, is what is called "self help", it rarely ends well for the actor.

    The landlord was DUMB like a fox.
    He or she set a trap that MOST people just can't resist.
    I am glad I EARNED my law dgree, and I've spent my entire adult life helping people unravel stuff like this.

    Never use a self help remedy, the system is rigged to USE government supplied services.

    I don't worry about the why, I simply accept the whatever it is.

    That said, he pleads NOT guilty, asks the judge if he qualifies for a public defender, and he keeps his yapper closed.

    He and you should ONLY tell what you know to his lawyer.

    He will win the ILLEGAL lockout, unless something is unknown to you and me.
    If things about the lock out are EXACTLY as you recite, that's a sure winner.
    I mean, CASH money.

    As far as the criminal charges, if the first officer tells the truth, he has a very good chance at winning the burglary/trespassing (or whatever crappy charge they slapped on him), and he might even beat the resisting.

    He has to remain cool, look humble and confused, and pretend to believe in a rigged system.

    You also need to leave race related remarks out of this (all races and ethnicities will be on the jury, don't pis soff people who will help you), don't post to social media, don't give details to friends, mum is the word.

    But, he has two bigger, more immediate problems.

    Getting out of jail, and retrieving his belongings.
    He can ask his defense lawyer.public defender about legal services in your area, or often public defenders will help him beat that case, too.

    Keep us looped in as this progresses, and keep the faith.
     

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