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Landlords breaking law

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J

JohnnieMac

Guest
Long story short (SF, CA): My roomate (on lease) was moving out of the house we rented in July and we tried to get my name on the lease, but (property managers)landlords wanted to raise the rent by 58% so I said no way. They said all tenants had to leave by the end of July. No official 30-day notice was given (only verbal move out request). I have been moving out of the house and went today to get one more load and noticed that they changed the lock on the front gate (leaving a notice to that effect) and I have not been provided a new key. To my knowledge this is against the law, and they are saying since I have a garage door opener I still have access to the house (what if I left it inside the house and only brought my key?). I told them I can be out of the house ASAP and if they wanted to prorate the rent they could take possession immediately. They said no proration of rent, and that they have someone moving in on August 1. My question is, should I file a small claims suit against them for: not providing legal notice that they were changing locks and not providing a key while I still have tenancy?? Isn't it something like 3 x the deposit back to me if they do something stupid like this? Please help, the sooner I react the better things will be.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JohnnieMac:
Long story short (SF, CA): My roomate (on lease) was moving out of the house we rented in July and we tried to get my name on the lease, but (property managers)landlords wanted to raise the rent by 58% so I said no way. They said all tenants had to leave by the end of July. No official 30-day notice was given (only verbal move out request). I have been moving out of the house and went today to get one more load and noticed that they changed the lock on the front gate (leaving a notice to that effect) and I have not been provided a new key. To my knowledge this is against the law, and they are saying since I have a garage door opener I still have access to the house (what if I left it inside the house and only brought my key?). I told them I can be out of the house ASAP and if they wanted to prorate the rent they could take possession immediately. They said no proration of rent, and that they have someone moving in on August 1. My question is, should I file a small claims suit against them for: not providing legal notice that they were changing locks and not providing a key while I still have tenancy?? Isn't it something like 3 x the deposit back to me if they do something stupid like this? Please help, the sooner I react the better things will be.<HR></BLOCKQUOTE>

The landlord can not lock you out and at the same time demand payment of rent for the entire month. The 3x security deposit is based on a security deposit issue and not anything else.
 
T

Tracey

Guest
Sue L immediately for unlawful ouster. Most states award victims of illegal lockouts 3 months' rent as damages. L has to give you a key -- they can't just say use the door opener. A tenant is entitled to a key to any lock that gives access to the premises T leased for as long as T lives there OR pays rent.

You hit the jackpot. Congratulations. :) Sue tomorrow. You might visit the office & get L's refusal to give you a new key in writing or on tape, as evidence. Even if L gives you a key, you can probably get L to admit he refused to do so earlier when you demanded a key.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
J

JohnnieMac

Guest
I went to the SF tenants union and they said that since they gave me a key (next day after I called them)there is not much I can do except file a complaint and use it as bargaining power. I don't trust these people and informed them that they have already broken the law, and I will be watching carefully at their actions following this incident. I am wondering if it is realistic to take this to court?
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JohnnieMac:
I went to the SF tenants union and they said that since they gave me a key (next day after I called them)there is not much I can do except file a complaint and use it as bargaining power. I don't trust these people and informed them that they have already broken the law, and I will be watching carefully at their actions following this incident. I am wondering if it is realistic to take this to court? <HR></BLOCKQUOTE>

Not if they gave you the key the next day.
 

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