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Landlord physically moved/damaged my property

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ohsogirly

Junior Member
What is the name of your state (only U.S. law)? California
I live in San Bernardino County and was evicted on Feb 24, 2010 at 6:01am. My husband and I were home and woke up to to the sheriff's knocking outside our bedroom door. I remember the sheriff specifically saying "we have 15 days" several times to get our property out of the house. The landlord spoke in front of the sheriff stating I could call her all the way up to this Saturday by 9am to start getting our stuff out.

Today (2 days later) I emailed the landlord stating my mom is hiring packers and movers and asked if 3-1-10 and 3-2-10 would be ok if we pack up and clean up the house. I received an email from the landlord stating all of our belongings are no longer in the house that they've been moved into the garage and storage shed that is partically covered and leaks.

My questions are:

Googling all night shows the landlord cannot personally touch our property, they'd have to hire some 3rd party company. Is this true or can they do it themselves.

They've broken several things because they're outside ont he curb for the trash pick up. TV, Lamps, coffee table, etc.

Googling also says (this is where i got confused) that if the landlord DOES move the property on or off premises they must do so with such "care" which i'm sure is the grey area of the law that I need spelled out for a 3rd grader to comprehend.

IMO, If she said in front of me, husband, and sheriff that I have until Sat, then my property shouldn't of been moved. We're talking about a 4bd house with lots of expensive electronics and such. Recaping, I emailed her 2 days after sheriff had us leave premises.

Did she break any laws?
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California
I live in San Bernardino County and was evicted on Feb 24, 2010 at 6:01am. My husband and I were home and woke up to to the sheriff's knocking outside our bedroom door. I remember the sheriff specifically saying "we have 15 days" several times to get our property out of the house. The landlord spoke in front of the sheriff stating I could call her all the way up to this Saturday by 9am to start getting our stuff out.

Today (2 days later) I emailed the landlord stating my mom is hiring packers and movers and asked if 3-1-10 and 3-2-10 would be ok if we pack up and clean up the house. I received an email from the landlord stating all of our belongings are no longer in the house that they've been moved into the garage and storage shed that is partically covered and leaks.

My questions are:

Googling all night shows the landlord cannot personally touch our property, they'd have to hire some 3rd party company. Is this true or can they do it themselves.

They've broken several things because they're outside ont he curb for the trash pick up. TV, Lamps, coffee table, etc.

Googling also says (this is where i got confused) that if the landlord DOES move the property on or off premises they must do so with such "care" which i'm sure is the grey area of the law that I need spelled out for a 3rd grader to comprehend.

IMO, If she said in front of me, husband, and sheriff that I have until Sat, then my property shouldn't of been moved. We're talking about a 4bd house with lots of expensive electronics and such. Recaping, I emailed her 2 days after sheriff had us leave premises.

Did she break any laws?
If you were evicted, and the Sheriff removed you from the property to effect the court-ordered lock out, and you were unable to remove all of your belongings that day, you have 14 days from that day to claim any remaining property from the premises. That's what the law requires.

As far as that personal property is concerned, the LL is allowed to move the property around the premises for the purpose of storing it. They can do it themselves, or they can hire a 3rd party to do it. There's no law that says they can't touch anything, only that they cannot dispose of it. If they choose to move your personal property around, they must use reasonable care while doing so. If anything is damaged or broken during the process, the LL is liable for the repair or replacement of that personal property because they chose to move it and not leave it where it was.

If you believe that the LL broke or damaged your personal property that hasn't yet been removed, then it is on you to prove the condition of that property prior to the sheriff removing you. More than likely, LL can and will claim that this is how the property was found, and they were simply disposing of broken items in the process of cleaning up the premises.
 

ohsogirly

Junior Member
The LL moved everything that was inside the house to their leaking storage shed

It rained last night and is continuing as we speak. The house was not packed which the sheriff will testify if needed to. I'm trying to get an answer to that part of the question. Our furniture, mattresses, electronics have been damaged and ruined because of their actions. The lLL will not let us come to claim any property until 11am this morning. (another 3 hours of continued damage apparently ). I'm wondering what my rights are and if I would benefit by calling and requesting the police to meet me at the property. Thank you for your 1st reply. If you happen to know the legal aspects of my situation I would greatly appreciate any information you could offer.

Thank you.
If you were evicted, and the Sheriff removed you from the property to effect the court-ordered lock out, and you were unable to remove all of your belongings that day, you have 14 days from that day to claim any remaining property from the premises. That's what the law requires.

As far as that personal property is concerned, the LL is allowed to move the property around the premises for the purpose of storing it. They can do it themselves, or they can hire a 3rd party to do it. There's no law that says they can't touch anything, only that they cannot dispose of it. If they choose to move your personal property around, they must use reasonable care while doing so. If anything is damaged or broken during the process, the LL is liable for the repair or replacement of that personal property because they chose to move it and not leave it where it was.

If you believe that the LL broke or damaged your personal property that hasn't yet been removed, then it is on you to prove the condition of that property prior to the sheriff removing you. More than likely, LL can and will claim that this is how the property was found, and they were simply disposing of broken items in the process of cleaning up the premises.
 

ohsogirly

Junior Member
Yes. We were still living there. Utilities all on. While i've posted on here, I received an email from the landlord basically explaining herself and stating she had the right to do this within their schedule. What i'm trying to find out is who is responsible for the damages now. Please help me.
 

Banned_Princess

Senior Member
Yes. We were still living there. Utilities all on. While i've posted on here, I received an email from the landlord basically explaining herself and stating she had the right to do this within their schedule. What i'm trying to find out is who is responsible for the damages now. Please help me.
YOU are responsible.

YOU waited until the very last second to move out.

I don't know who gave you extra days but on the original court order gave you a date, you ignored that and now your stuff has been removed in accordance to the court order.

I'm surprised all your stuff wasn't removed to the curb the day the sheriff came, because thats what is supposed to happen.

You are responsible, its not the landlords problem to keep your stuff another 15 days. no way. Your lucky enough the LL didn't put every last light bulb onto the curb for garbage pickup.




As a matter of fact, I looked it up, and you probably owe the LL more then your stuff is worth. SO PLEASE go ahead and sue him for your property, so the judge can assess the fees for the sheriff evection and the penalty for you holding the unit past the eviction date. make sure al the LL's costs and fees are in to add to your judgement. (including moving and storage fees for your stuff)
 
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Searchertwin

Senior Member
You stated, " We're talking about a 4bd house with lots of expensive electronics and such." If they were that expensive why didn't YOU have them packed and ready to go? Also, if they were that expensive, why didn't YOU have renters insurance? Also, if they were that expensive, why were you evicted? Lack of money due to expensive electronics and such? As Banned Princess suggested, "SO PLEASE go ahead and sue him for your property,...."
 

atomizer

Senior Member
You should have spent less money on electronics. Maybe then coming up with the rent would not have been such a problem. Don't forget to include the missing silverware and expensive jewelry in your lawsuit.
 

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