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Landlord destroyed property

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CA---

Less than 24 hours after losing my UD in court, my husband spoke with the landlord and had come to a verbal agreement to work out details for us to continue renting the property until Feb 2019 at which point we were going to purchase the property. WE PAID THE ENTIRE JUDGEMENT THAT DAY! We had put a total of $1200 in repairs and paid a $500 deposit for future repairs. The landlord wanted to come do an inspection of the home to verify for himself that repairs had been made to the home to justify a repair and deduct that we had shown receipts for. The Landlord knew that my husband currently had pneumonia, so he said he would set up a time to come the following week. The landlord didn't show up and didn't answer calls or emails for the next 6 weeks. Then out of the blue, we are served with the Writ of Possession.

When the day come for us to be locked out, I waited around my neighborhood to speak with the landlord. I explained to him that we were only able to secure housing for ourselves and the kids less than 12 hours prior and that we were not able to pick up the keys until a couple hours following the lockout. I apologized to him about the mess and that some of our belongings were still there (all the heavy and bulky items). I then requested to come back once I got my keys and emptied my trailer into the new home. I also told him that I would like to go ahead and clear the property of the things that needed to go to the dump, if he would allow me to. He told me that I shouldn't worry about it, sympathized with me trying to move by myself (my husband has a spinal disease and cant lift anything). The landlord then told me not to worry and that he would secure our property in the garage and leave the lock in place so we could still access our property. He also informed me of the law that I have 18 days to retrieve the property before he can dispose of it in anyway. I felt that there was a great deal of mutual respect between us. Later that evening, I drove past the house on my way to pick up my son and saw that he had in fact thrown all of our property outside into a big pile in the front yard and causing a great deal of damage. He threw away my kids clothes, blankets, and pillows as well as smashing brand new boxes of dishes, our 65" curved tv that was still hanging on the wall was shattered into a pile of glass and physically broke the tv into 4 or 5 large pieces.

Is there anything that I can do about this? I have near $15,000 worth of damaged property of what I could see. I looked in the windows and saw that my husbands inversion table is no longer even there as well as our other sofa and our refrigerator. Since there is only one window to the home that I can see into, I am sure that there is a lot more missing.
 
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Eekamouse

Senior Member
You were given more than enough time to secure new housing and remove your belongings but you chose not to. What exactly did you expect would happen? You do know the landlord is out all the rent you haven't paid for who knows how long, right?
 

HRZ

Senior Member
None of that really matters . CA LT law has some very clear requirements as to notice and time frames as to what they can do with tenant possessions after the eviction date ...and reads like this LL was not even close ...go read the rules then seek out the best lawyer you can find /afford seasoned on tenant side of,such battles
 

PayrollHRGuy

Senior Member
Less than 24 hours after losing my UD in court, my husband spoke with the landlord and had come to a verbal agreement to work out details for us to continue renting the property until Feb 2019 at which point we were going to purchase the property.
One would think that this may have created a new tenancy unaffected by the UD judgment. If you can prove it.
 

Zigner

Senior Member, Non-Attorney
One would think that this may have created a new tenancy unaffected by the UD judgment. If you can prove it.
The LL appears to be following the law and every step he has taken gives the appearance that no new agreements were reached. Proof is going to be difficult.
 

HRZ

Senior Member
I don't fault the LL at all for booting the tenant at the first instant allowed by law....but the question here is did he follow the rules as to holding /trashing the tenants possessions ...and my read of CA issues is LL did NOT ...and if say $20,000 of goods were trashed the tenant needs to go on legal warpath.
 

Zigner

Senior Member, Non-Attorney
I don't fault the LL at all for booting the tenant at the first instant allowed by law....but the question here is did he follow the rules as to holding /trashing the tenants possessions ...and my read of CA issues is LL did NOT ...and if say $20,000 of goods were trashed the tenant needs to go on legal warpath.
The OP didn't have $20k of goods. :rolleyes:
 

HRZ

Senior Member
Would not matter if LL merely improperly trashed $1.5 k of stuff ..so far it reads like LL is 100% o n wrong side of rules .
 

Zigner

Senior Member, Non-Attorney
Would not matter if LL merely improperly trashed $1.5 k of stuff ..so far it reads like LL is 100% o n wrong side of rules .
This OP is trying to heavily slant things in her own favor. Frankly, her credibility is non-existent in my eyes. I don't believe her timeline.
 

Gail in Georgia

Senior Member
Many tenants claim to lose thousands of dollars worth of personal items when they are evicted. Makes one wonder if they can afford all of those items how they got themselves in the pickle of being evicted due to failure to pay rent in the first place. Nevertheless, as has been pointed out, California has some very strict requirements on what a landlord must do to store such items for a certain period of time after move out and simply tossing them to the curb isn't one of these.

Gail
 

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