Eviction

[singingman2]

Can the landlord lock me out and say I have been evicted? When I came home from work, the locks were changed and a note was posted saying I was evicted. My lease does not end for another 2 months.

 

[Michael Wechsler]

Can the landlord lock me out and say I have been evicted? When I came home from work, the locks were changed and a note was posted saying I was evicted. My lease does not end for another 2 months.

Call the police. No, your landlord may not lawfully lock you out simply on his or her say so along with a note. The question here is whether there were court proceedings and whether you were given notice of the eviction.

 

[mightymoose]

This is addressed in the California Civil Code. If your landlord has illegally locked you out he could
(if you sue him for illegal eviction) be liable to you for any additional expenses you incur (hotel, eating out) as well as a penalty that I believe is something to the tune of $100 for every day or partial day for which the situation persists. f the landlord does not want to OWE YOU then he will remedy this right away and go through the legal procedure.

That said- if you have been renting and are a resident, it is not illegal whatsoever for you to force entry. It is not illegal to break into your own home... even if you are a renter. Unless a judge evicted you, you are protected. It would be wise to give the police a heads-up before doing so just so the landlord doesn't try and make a crazy report. The police might also convince the landlord that it would be wise to change the locks back.

Personally, if it were me (and I am a CA police officer) I would not hesitate to force entry into my own residence if it came down to that.

 

[singingman2]

Thank you so much for the quick response thelawprofessor and mightymoose. Also, are you both attorneys?

 

[Michael Wechsler]

Thank you so much for the quick response thelawprofessor and mightymoose. Also, are you both attorneys?

I don't know if moose is but he is who he says he is. While I'm an attorney, do not substitute my comments for those of a lawyer who can give you a proper legal consultation and can review all your documentation and the facts of your case appropriately.

I'm telling you what I know from my experience - and I have done landlord tenant work in the past. It is unlawful to evict someone from their residence without authority. It is a common and huge blunder made by landlords who wish to resort to self-help. My experience speaks the same as echoed by Mighty Moose -- and who do you think gets called after a landlord changes the locks of a tenant's residence without a legal right to do so?

Best of luck to you here. If what you say is true, you may have a case against your landlord and you should pursue it with that in mind when it comes to resolution.