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Isn't This Considered Trespassing?

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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California

I had a situation come up a couple of days ago, and I am very angry & frustrated. I don't think the police handled the situation properly.

I am having a landlord-tenant issue with my roommate, from whom I sublet a room in this house. When I moved in, she had loaned me some appliances (TV & air purifier). She also provided me with a DVR for the cable service (she subscribes, I pay for the service and use of the DVR, and my payments are current).

She is trying to evict me, but is using every dirty trick and self-help methods she can to get me to move on my own. I had had issues with the landlord trespassing in my room before. I even warned her that coming into my room without my express written permission would be considered trespassing. Her response was always, "It's MY house, and I'll come and go into any room that I want to. If you don't like it, you can leave." I put my warnings into writing, so she was well aware that if she intended to come into the room, she would have to give me proper and legal written notice before. I also installed a keyed lock on my door to protect against unauthorized entry.

Last week, she told me that she no longer wants to "allow" me use of the TV and DVR box, to play take-away and influence me to move. She put this in writing, in a letter, informing me that if I didn't give up the items voluntarily, she would have the police come to get the items from me. The letter specified a 3-hour time range the next day during which I would be expected to hand over the items without incident. The next day, I had errands to run, but got home well before my deadline was up. Imagine my shock and horror to find that the landlord had already gotten the items - she had entered my locked room on her own and helped herself.

When I realized that I had been violated again, I called the police to report the trespass. In front of the police, the landlord admitted that she had entered the room, but claimed the right to do, saying that she was just getting her property out of my room. She claimed that her letter saying that she wanted the items back was sufficient to constitute notice of her intent to enter the room to get them (although it never said anything about coming in to do it). I emphasized the fact that though she may have had the right to have these items that were in my room, she had NO right to enter the room without proper legal notice to get them.

The police basically wrote this off as a landlord-tenant issue and a civil matter, and refused to prosecute or arrest her for the trespass. They took the position that the landlord wasn't required to give me any notice to come into my locked room (because it was her property she was retrieving, and because we lived in the same house). I even took my issue up through the chain of command, and I was given the brush off all the way up the line. They acknowledged that I "probably" had a civil claim against the landlord, but didn't consider what she did as a criminal offense worthy of their efforts. I even tried to effect a citizen's arrest for the violation, but was told by the supervisor that they would arrest if I insisted, but would release her at the scene and wouldn't even write up any kind of arrest report, for all intents and purposes going through the motions of an arrest but having absolutely no effect.

The last time I checked, trespassing meant entering someone's property without permission - which I never gave. Is there some loophole in the law that says tenants who sublet rooms from a landlord who occupies the same home has no right to privacy? That the "notice of intent to enter" requirement somehow doesn't apply? How was this NOT a clear-cut case of trespassing for which the landlord should have been arrested and prosecuted?

What should have happened in this situation?What is the name of your state (only U.S. law)?
 


CdwJava

Senior Member
I am having a landlord-tenant issue with my roommate, from whom I sublet a room in this house.
Is this a legal sublet (i.e. her lease permits you to sublet a room, and she has a written agreement with you regarding terms)? Or, is this merely an informal arrangement where you slip your roomie a few bucks each month?

Yes, it does make a difference.

She is trying to evict me, but is using every dirty trick and self-help methods she can to get me to move on my own.
That is because she likely cannot legally "evict" you.

Imagine my shock and horror to find that the landlord had already gotten the items - she had entered my locked room on her own and helped herself.
How did she make entry to the room?

Also, note that she is likely not really your "landlord", but most likely a roommate under the law.

The police basically wrote this off as a landlord-tenant issue and a civil matter, and refused to prosecute or arrest her for the trespass.
That's because it IS largely a civil matter. I know MY local DA would never touch this. However, had you insisted upon a citizen's arrest, they would have been obligated to take action and accept the arrest. Though that would have likely meant she would get a ticket and be released at the scene and the two of you could go to court later. As it is, they decided this was a civil matter. Could they have taken the criminal angle? Sure. It would have been weak and the DA would not likely pursue it, but they could have.

I even took my issue up through the chain of command, and I was given the brush off all the way up the line. They acknowledged that I "probably" had a civil claim against the landlord, but didn't consider what she did as a criminal offense worthy of their efforts.
Well, there ya go, then.

I even tried to effect a citizen's arrest for the violation, but was told by the supervisor that they would arrest if I insisted, but would release her at the scene and wouldn't even write up any kind of arrest report, for all intents and purposes going through the motions of an arrest but having absolutely no effect.
Ah ... okay, you did what I wrote about earlier. He's right.

The last time I checked, trespassing meant entering someone's property without permission - which I never gave.
That's not all of it. It also generally includes that they enter without lawful purpose.

How was this NOT a clear-cut case of trespassing for which the landlord should have been arrested and prosecuted?
Because you are in a room in her home and she gave you notice she was coming to retrieve her property which you do not have a lawful right to hold on to.

Like I said, while they COULD have cited and released her for the trespassing charge, it would have ultimately not gone anywhere because I doubt any DA in the state would pursue this.

I would hope that by now you have found a new place to live. This sounds like a very bitter relationship and is likely to be fraught with even greater drama in the future.

- Carl
 

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