Can landlady do this

[sillycup]

What is the name of your state (only U.S. law)? Calif.
Landlady broke into my place, she took the air conditioner, I called the police, when the sheriff came out, he ran my name and found out I had warrants so he took me to jail, I was in for about 20 days, when I got out, she had removed my things and rented my place out. Is this legal?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Calif.
Landlady broke into my place, she took the air conditioner, I called the police, when the sheriff came out, he ran my name and found out I had warrants so he took me to jail, I was in for about 20 days, when I got out, she had removed my things and rented my place out. Is this legal?

What does your lease state? Did she get a court order of eviction?

 

[latigo]

What does your lease state? Did she get a court order of eviction?

You want to know whether the lease itself addresses the issue?

As if it could possibly grant the landlady authority to arbitrarily intrude upon the tenant's privacy by entering the premises, remove the AC unit along with the tenant's personal effects and relet the premises?

Next you are curious as to whether the landlady might have first obtained an "order of eviction."

Perhaps you are thinking that as an alternative to exercising self-help and theft the landlady could have given the OP an unresponsive notice of termination of tenancy, filed an Unlawful Detainer action in a California Superior Court, served the OP with summons and copy of complaint together with an optional "Prejudgment Claim of Right of Possession" , in due course obtained and caused to be executed the required California "Writ of Execution for Possession of Real Property" ALL WITHIN A PERIOD OF TWENTY DAYS?!

 

[Just Blue]

You want to know whether the lease itself addresses the issue?

As if it could possibly grant the landlady authority to arbitrarily intrude upon the tenant's privacy by entering the premises, remove the AC unit along with the tenant's personal effects and relet the premises?

Next you are curious as to whether the landlady might have first obtained an "order of eviction."

Perhaps you are thinking that as an alternative to exercising self-help and theft the landlady could have given the OP an unresponsive notice of termination of tenancy, filed an Unlawful Detainer action in a California Superior Court, served the OP with summons and copy of complaint together with an optional "Prejudgment Claim of Right of Possession" , in due course obtained and caused to be executed the required California "Writ of Execution for Possession of Real Property" ALL WITHIN A PERIOD OF TWENTY DAYS?!

Could you possibly be more obnoxious? Doubtful.

 

[FarmerJ]

Sillycup were you renting a sleeping room / bedroom ? (just curious) ok so what may be the best choice is to start by filing a police report about your things being taken while you were in jail by your LL.

 

[LdiJ]

Could you possibly be more obnoxious? Doubtful.

I am usually one of the first people to be targeted by his brand of obnoxiousness.

However, in this instance he is right. Its implausible that the OP's lease allows for the landlord to come into the property without notice and remove appliances.

Its even more implausible that the landlord could have followed the proper procedure for eviction and managed to get a court order of eviction, permission from the court to remove the tenant's belongings and re-rented the apartment in 20 days. In fact, I am pretty sure that its just not possible. From everything I have read in the last few hours its just not possible.

 

[Just Blue]

I am usually one of the first people to be targeted by his brand of obnoxiousness.

However, in this instance he is right. Its implausible that the OP's lease allows for the landlord to come into the property without notice and remove appliances.

Its even more implausible that the landlord could have followed the proper procedure for eviction and managed to get a court order of eviction, permission from the court to remove the tenant's belongings and re-rented the apartment in 20 days. In fact, I am pretty sure that its just not possible. From everything I have read in the last few hours its just not possible.

Please LD...Re-read the thread. Latigo was being a jerk over a clarify question that OG asked. S/he has done this to just about every member on this site.

 

[LdiJ]

Please LD...Re-read the thread. Latigo was being a jerk over a clarify question that OG asked. S/he has done this to just about every member on this site.

Oh heck, he has done worse than that to me...more than once. Heck, he has done worse than that to nearly every senior member. The only point I was making was that this time he really kind of had a point. Once in a blue moon he actually does. I do not mean that as a slam to OG either.

I personally think that the OP clearly needs to sue the landlord for the unlawful eviction and the loss of his property.

 

[Just Blue]

Oh heck, he has done worse than that to me...more than once. Heck, he has done worse than that to nearly every senior member. The only point I was making was that this time he really kind of had a point. Once in a blue moon he actually does. I do not mean that as a slam to OG either.

I personally think that the OP clearly needs to sue the landlord for the unlawful eviction and the loss of his property.

BUT!! Based on what OG had posted....What Latigo posted was just nasty. OUT OF LINE. And what I posted was snarky but correct. And that was what you posted to. curious that.

You had a option of responding to latigo ...but did not.



Sorry to use the word "posted" so often...

 

[LdiJ]

BUT!! Based on what OG had posted....What Latigo posted was just nasty. OUT OF LINE. And what I posted was snarky but correct. And that was what you posted to. curious that.

You had a option of responding to latigo ...but did not.



Sorry to use the word "posted" so often...

Eh...If I am going to totally slam him when he is flat out wrong then it would be hypocritical not to acknowledge when he has a valid point.

Do not misunderstand me at all...his delivery was obnoxious and unnecessary...but he is not the only person who is sometimes obnoxious and unnecessary. He is just the most frequent at it.

Its interesting because there is poster down the street who when confronted about an unnecessarily confrontational post actually took it to heart and said that he was so accustomed to being confrontational in court that he never realized that he was taking that into the rest of the world, and now makes a real effort to civilly debate rather than be confrontational.

After that, I started to view Latigo (and another person or two) a bit differently.

 

[Just Blue]

Eh...If I am going to totally slam him when he is flat out wrong then it would be hypocritical not to acknowledge when he has a valid point.

Do not misunderstand me at all...his delivery was obnoxious and unnecessary...but he is not the only person who is sometimes obnoxious and unnecessary. He is just the most frequent at it.

Its interesting because there is poster down the street who when confronted about an unnecessarily confrontational post actually took it to heart and said that he was so accustomed to being confrontational in court that he never realized that he was taking that into the rest of the world, and now makes a real effort to civilly debate rather than be confrontational.

After that, I started to view Latigo (and another person or two) a bit differently.

Okay...But there are times when I agree with a portion of a post...and bold that portion. I would also point out what was disagreeable.
But I respond to the member. What you did was respond to MY post. Why was that?


And yes. I realize that many here find me disagreeable at times.