• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Entering without notice/permission

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T1985

Junior Member
I live in California. In January we received a notice on our apartment door that our complex was under new ownership and that all of windows in the entire complex would be replaced in March. The windows were never replaced in that time frame and two weeks ago I noticed that the windows on some of the units were beginning to be replaced. We had not received any new notices, so this week I approached one of the workers and asked when my unit would be having the upgrade done. He told me not for another one to two weeks.

Today when I returned home from work my husband told me that while he was out the workers had entered our apartment and replaced the windows. The apartment manager was not on site today, so these men were in my apartment alone. They moved several items in my apartment including a dresser, some clothing and luggage. Although they attempted to put everything back in place it was clear my personal belongings had been moved.

I'm wondering if there are any laws that were violated in this instance? We were not even given a 24 hour notice so that I could arrange for someone to be home or even to put away my personal and valuable belongings. I'm really hoping that someone out there can advise me on how I can handle this situation with my apartment rental management. In advance I thank you for your time and help.
 


CdwJava

Senior Member
Let's start with the simple question: What do you WANT to happen? Do you want money? Do you want answers? Do you want a year's free rent? Do you want someone to go to jail for trespassing?

The first thing to do might be to complain to the management about the lack of notice.
 

T1985

Junior Member
I just want to know if what happened was legal? I do plan to communicate my concerns to management. I don't believe anything was stolen, but I feel the situation was very inappropriate.
 

I'mTheFather

Senior Member
You should have received 24 hours notice, but there isn't much recourse unless it's a repetitive problem.

http://www.dca.ca.gov/publications/landlordbook/living-in.shtml
If your landlord violates these access rules, talk to the landlord about your concerns. If that is not successful in stopping the landlord's misconduct, send the landlord a formal letter asking the landlord to strictly observe the access rules stated above. If the landlord continues to violate these rules, you can talk to an attorney or a legal aid organization, or file suit in small claims court to recover damages that you have suffered due to the landlord's misconduct. If the landlord's violation of these rules was significant and intentional, and the landlord's purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation.127
 

xylene

Senior Member
It seems you received notice, though it was deficient.

You have no damages.

"They touched my stuff. I feel violated." That's your entire case?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top