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Landlord Changed Locks To Fix Water Leak and Damage

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vegasniceguy

Junior Member
What is the name of your state (only U.S. law)? California
My cousin noticed a water leak at her apartment on a Friday night over a month ago. A maintenance worker showed up in four hours (2:30 am) and fixed a leaking pipe going into the toilet. The next morning, it appeared to my cousin there were additional leaks as there was water standing in numerous areas. Workers that morning came to remove excess water. As they were working, they told my cousin she & her daughter would need to move out of the apartment so they could fix the problems. Originally, they said they could stay the weekend. However, that night the apt. manager came to the apt. at 7:00 pm and said they had to leave within two hours.

The apartment workers then packed into metal pods in the parking lot my cousin's furniture, china, and other belongings. They were told this was because the workers only had limited access to the apartment due to her personal property. The apartment manager changed the locks on the apartment without giving my cousin a key. They also refused to give my cousin access to her property stored in the pods.

My cousin is staying at a hotel paid for by her renter's insurance. Unfortunately, due to ongoing medical bills, my cousin does not have the $500 deductible to pay the insurance company. The landlord sent her a "General Release Agreement" offering to pay her $500 deductible in exchange for a complete, without limitation, release and forever discharge of all damages, expenses, etc. caused by this incident.

I am trying to help my cousin and am more than willing to pay her $500 deductible. It appears this complex, about 30 years old, may have uncovered mold in the apartment when they were cutting away sheet rock. She doesn't know what is stored in the pods nor what condition her possessions might be in. Does anybody have any advice on our next step?

Thank you very much!
 


FarmerJ

Senior Member
consider calling the police and reporting this as a matter of illegal lock out / illegal ouster / and theft of her property since the LL in a way has taken her things. If I was her I would consider calling city inspections to go there during the day time and condemning the unit as not fit for human habitation and then getting a copy of it and move somewhere else. AS to her personal property they have no legitimate or legal reason to deny her the ability to take her property . IF this work started mid month then her landlord owes her a partial / pro rated refund of rent for the number of days she has not been able to use her apartment but already paid for.
 

vegasniceguy

Junior Member
consider calling the police and reporting this as a matter of illegal lock out / illegal ouster / and theft of her property since the LL in a way has taken her things. If I was her I would consider calling city inspections to go there during the day time and condemning the unit as not fit for human habitation and then getting a copy of it and move somewhere else. AS to her personal property they have no legitimate or legal reason to deny her the ability to take her property . IF this work started mid month then her landlord owes her a partial / pro rated refund of rent for the number of days she has not been able to use her apartment but already paid for.
Thank you very much for your advice, FarmerJ. I hadn't thought about getting the city inspection department involved. I had my cousin send the apartment manager an email requesting keys to the apartment and storage units and asking what happened, what is damaged, and when will they get the repairs finished.
My cousin is a recent cancer survivor, 18 months ago, and was told it would be 5 years before her immune system was back to full strength. Obviously, this is not good if she has been living there with mold in the apartment the past 7 months she has been there.
Take care,
VNG
 

vegasniceguy

Junior Member
consider calling the police and reporting this as a matter of illegal lock out / illegal ouster / and theft of her property since the LL in a way has taken her things. If I was her I would consider calling city inspections to go there during the day time and condemning the unit as not fit for human habitation and then getting a copy of it and move somewhere else. AS to her personal property they have no legitimate or legal reason to deny her the ability to take her property . IF this work started mid month then her landlord owes her a partial / pro rated refund of rent for the number of days she has not been able to use her apartment but already paid for.
We finally were allowed to view my cousin's belongings in her apartment and in the pods so the insurance adjuster could look at them last Friday. We came back on Saturday to start throwing away items no longer wanted or that had mold contamination. The apartment complex would not let us in. We called the police and the sheriff and local police department did show up. We were still denied access and the police said it was a civil matter, nothing they could do.

The apartment is unlivable, dry wall, cabinets, appliances, toilets missing. Her notice of termination of tenancy comes due on June 21. Legal-Aid said the case is too much for them to handle. It's a bad situation. She just wants her possessions so she can move on with her life.
 

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