I thought the place was supposed to be secured. If its not do I have a right to move back in to protect my property. Can I fight an eviction notice in Court even if the writ was served by a sheriff
2007-11-30 04:13:59 · 9 answers · asked by englishrose 1 in Politics & Government ➔ Law Enforcement & Police
There are two crimes to consider; trespassing, and breaking and entering. You may be guilty of the former.
In California you have five days to appeal after being served by the sherrif. They can not forcebly lock you out until those five days are up. If you are behind in the rent, you will loose. Use those five days to get your stuff out.
2007-11-30 04:17:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You MUST respect the order, but you may also go after the petitioner for illegal eviction. They have to store your remains and return them to you if you are locked out and can't re-enter to gain back your possessions. This all will be handled in court, but until then you must stay clear. Don't worry all your possessions will be returned and you might be able to win an illegal eviction case and be reimburshed for everything including moving expenses. Let the courts decide, thats why they are there.
If you call your ex landlord and the police they may allow you to finish removing all your property before the court date with a police officer present. I wouldn't do it without a police officer being present..
2007-11-30 04:34:40 · answer #2 · answered by Ditka 7 · 0⤊ 0⤋
The owner can leave the doors unlocked or wide open if they choose. What you thought (that it was supposed to be secured) is irrelevant. It is no longer legally your residence and you don't have any more right to walk in there, let alone move back in, then does a crack addict looking for something to steal.
You can try to fight the notice, however, it would have been easier/smarter to do it BEFORE YOU GOT EVICTED!!!!!
2007-11-30 04:24:54 · answer #3 · answered by Rottluver 4 · 1⤊ 0⤋
You were evicted so you have no right to be there, even if the front door is wide open. Interesting thing though.....when a person is evicted, usually their property is too. If your property is still inside, you need to call the landlord about getting it out. I am sure he/she will let you because it is something less for them to do.
2007-11-30 04:23:46 · answer #4 · answered by Keep on Truckin' 4 · 1⤊ 0⤋
First of all...if you were evicted...it's NOT your patio door. You have no right on the property.
Should you find yourself attempting to get the contents of the house...you can be arrested for Breaking and Entering.
2007-11-30 04:18:10 · answer #5 · answered by KC V ™ 7 · 6⤊ 0⤋
If I were you, I'd first assertain thenm reason for the eviction and try to make reparations. If theis is not possible because of failure to pay your rent then you are screwed. If you re-enter the dwelling at anytime for any purpose then you are subject to arrest, unless accompanied by the landlord.
good luck
2007-11-30 04:23:03 · answer #6 · answered by Joshot 3 · 1⤊ 0⤋
If you were evicted, it doesn't sound like it was YOURS. It sounds like you were renting and if so, no you cannot secretly move back in.
2007-11-30 04:20:01 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I agree w/ KCV...also, your property/stuff you left in the residence may be considered abandoned and the landlord may do as s/he wishes regarding disposal.
2007-11-30 04:22:57 · answer #8 · answered by AILENE 4 · 0⤊ 1⤋
keyword:EVICTED
2007-11-30 08:26:48 · answer #9 · answered by just4fun 3 · 0⤊ 0⤋