Wednesday, November 24, 2010

Changing the locks without notice with child?

I rented a house a week ago, the landlord let me pay 200 to move in and i was to pay her the rest on friday. I got the keys signed a lease, i moved in my stuff 2 days after signing the lease, stayed the night there 1 time and my friend needed me to help her because she been in a car accident i been taking care of her 3 children at her house an hour away, i returned friday night 4 days after moving in got some clothes, called her and told her i was unable to make the payment that day as i was extremely busy and i would try to meet with her the next day, she came out the next morning at 10am and CHANGED my locks on the house, each and every one of them. I go on sunday {today} to get some more clothes and i cant access my house. Thats the only house me and my son have. My lease is inside that house and i know i need that to do anything about that. what can i do about this? Its a month to month lease I have the receipts that i gave her the money for that address, I got everything i own there, she told me she moved all my stuff to storage but wont let me access it. Im to mad at her and she wont even let my boyfriend who is also on the lease to get the stuff she trying to make me mad by saying only i can go pick it up. i dont want to deal with her because im going to get even more upset. i was prepaired to pay her her money but now i dont even want that house, she made me homeless. i have no where to go and she locked me out. what can i do ? im in california .Changing the locks without notice with child?
http://www.hud.gov/local/ca/renting/tena

Read it!



Since she let you move in, you are a tenant; she has no right to lock you out, she must give you a three-day notice to remediate (pay the rent) and then proceed with eviction in court.



http://fairhousingoc.org/landlord.htmlq

Q. Can a landlord lock a tenant out for not paying rent?

A. No. A landlord may never lock a tenant out of their apartment. Also, a landlord may not shut off utilities or other services for failure to pay rent or any other reason. Actions such as these by a landlord will give the tenant the right to sue the landlord for committing a self-help eviction. A tenant may be locked out by the Marshall if the landlord wins the Unlawful Detainer Action in court.



She also has no right to keep your things or prevent you from having access to them and I doubt he can refuse to let your bf get them, but that's maybe a little murky.



The handbook is at:

http://www.dca.ca.gov/publications/landlChanging the locks without notice with child?
You should call the police and file a report. It is a gross and obvious violation of the law what she has done. Here is the relevant law:



789.3. (a) A landlord shall not with intent to terminate the

occupancy under any lease or other tenancy or estate at will, however

created, of property used by a tenant as his residence willfully

cause, directly or indirectly, the interruption or termination of any

utility service furnished the tenant, including, but not limited to,

water, heat, light, electricity, gas, telephone, elevator, or

refrigeration, whether or not the utility service is under the

control of the landlord.

(b) In addition, a landlord shall not, with intent to terminate

the occupancy under any lease or other tenancy or estate at will,

however created, of property used by a tenant as his or her

residence, willfully:

(1) Prevent the tenant from gaining reasonable access to the

property by changing the locks or using a bootlock or by any other

similar method or device;

(2) Remove outside doors or windows; or

(3) Remove from the premises the tenant's personal property, the

furnishings, or any other items without the prior written consent of

the tenant, except when done pursuant to the procedure set forth in

Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of

Division 3.

Nothing in this subdivision shall be construed to prevent the

lawful eviction of a tenant by appropriate legal authorities, nor

shall anything in this subdivision apply to occupancies defined by

subdivision (b) of Section 1940.

(c) Any landlord who violates this section shall be liable to the

tenant in a civil action for all of the following:

(1) Actual damages of the tenant.

(2) An amount not to exceed one hundred dollars ($100) for each

day or part thereof the landlord remains in violation of this

section. In determining the amount of such award, the court shall

consider proof of such matters as justice may require; however, in no

event shall less than two hundred fifty dollars ($250) be awarded

for each separate cause of action. Subsequent or repeated violations,

which are not committed contemporaneously with the initial

violation, shall be treated as separate causes of action and shall be

subject to a separate award of damages.

(d) In any action under subdivision (c) the court shall award

reasonable attorney's fees to the prevailing party. In any such

action the tenant may seek appropriate injunctive relief to prevent

continuing or further violation of the provisions of this section

during the pendency of the action. The remedy provided by this

section is not exclusive and shall not preclude the tenant from

pursuing any other remedy which the tenant may have under any other

provision of law.Changing the locks without notice with child?
Ask assistance from local law enforcement agency to settle the issue and pay what you owe her (if any) and get your things. There is no reason for her to keep your things from you especially if you owe her nothing. That's against the Law. You may already consider that as stealing.
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