i live in a small town in ca we were suppose 2 pay my landlord her rent yesterday which we were going 2 do wen my husband got home 4rm work i was cleaning my restroom wen i heard my landlady knockin on the door i didnt answer cus i knew wat she would be asking 4 so i continued to clean not even 5 min after she unlocked my door and literally walked in wit no permission i told her i didnt have the money that i had 2 wait 4 him to get home so she told me to pack my stuff and get out so i began to pack she called me an ungratefull story tellin ***** i ignored it bcus i do not like to disrespect my elders so as i was packing she came and told me to get out after she told me i had until the end of the day to leave so i called my husband to help me we only got our kitchen items and my puppy who ran out of the house out as soon as we walked to the car to put some boxes in she slammed the door behing me and started to nail it shut with my cat still inside we called the police
2007-12-29 08:49:17 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
She can not do this. Particularly in California.... they have very strict land lord/tennant laws.... have the police assist you, then dont move back in... thats for sure.
she has to give you a 72 hr notice and take you to court... thats the correct process... the only time they can lock you out like that is if she has paid the sheriffs office to come out and do it.
EDIT: oh yeah! and SUE the crap out of her!!! get an attourney and take her for everything you can.. in my state an illegal entry is worth a minimum of 1 month of rent.... so yeah... sue the crap outta them!
2007-12-29 12:07:34 · answer #1 · answered by This is harder than it looks? 6 · 0⤊ 0⤋
It's good that you called the police, I don't think there is any state where she can evict you that soon though (I believe legal minimum is 2 weeks unless special orders from a judge). Yes I believe you can go in for the welfare of your cat. Actually you shouldn't have left, especially if you had the money coming within hours. I'm sure the police could've understood that. Don't let landlords push you around there are only a few good ones so it's best to learn how to deal with bad ones. Peace .\/,,
2007-12-29 11:53:44 · answer #2 · answered by pandemic1444 2 · 0⤊ 0⤋
First things first. Do you have a signed lease? That's important. Even if you don't, she cannot lock you out of your home. If she wants you out for non-payment of rent before the end of the lease, she will need to go through the proper channels and evict you. Ya don't want that hanging over your head the next time you try to rent a place.
If you do not have a written lease, you are considered a month to month tenant. Even then, she would need to inform you in writing that you are to vacate the premises. In order to do this properly, she would need to ensure that there was at lease one rental period (one calendar month) between the date of the notice, and the date you are to vacate.
For example, if she sent you the notice today you would have until the last day of January to move out.
As for the lockout, it is illegal and you can call the police to help you enter the apartment.
2007-12-29 09:39:10 · answer #3 · answered by DEACTIVATED 4 · 0⤊ 0⤋
There are eviction laws that she must follow. What did the police do? I would take the nails out of the door and go back inside. If she returns keep calling the police. Catch up your rent or be prepared to go to court and have a judge give you 3 days to move out.
What she is doing is illegal eviction.
2007-12-29 10:14:32 · answer #4 · answered by ebosgramma 5 · 0⤊ 0⤋
You have rights as a tenant and getting locked out requires certain procedures or it isn't legal. Locking your cat inside with no way to be fed is absolutely illegal. Call animal control. Here in Texas when you are locked out legally, the landlord must let you in to get your clothes, medicine and food stuffs. I'll bet that includes your pets. Find out what she is supposed to do legally and what your rights are. I don't have a lot of pity for you if you stayed and expected free rent and stayed until your landlord locked you out. Tell her you want your cat. If she doesn't give him to you, call the police and animal control on her. There's quite a fine for cruelty to animals in some places. BUT, you need to pay what you owe. I have NO sympathy for you, just your cat.
2007-12-29 09:12:32 · answer #5 · answered by towanda 7 · 1⤊ 0⤋
She is breaking laws, you can sue her. The police might be able to break in to save the cat, you would be in big trouble if you do it.
To evict you she needs to give you notice then take you to court to get an eviction order then the sheriff can put you out. Each state has different laws but most you need to be given 30 days notice to leave.
She had no right to enter your apartment unless there was an emergency like fire or flood.
2007-12-29 08:58:30 · answer #6 · answered by shipwreck 7 · 1⤊ 0⤋
yall should have called the poilce you had all day to get your stuff toegther and yu havent got all the stuff so you could break in if you want 2 thats on u but if u need 2 do it !!!!!!!!!!!!!!!!!!
2007-12-29 08:58:56 · answer #7 · answered by bribri 1 · 0⤊ 1⤋
wow. that sounds crazy.
Can she legally do that?
i'm starting to wonder.
2007-12-29 08:57:31 · answer #8 · answered by Kevinak 3 · 0⤊ 0⤋