Need Advice Owner Changed Locks

[dubl0zero]

What is the name of your state? California

I have a question for a friend:
Situation is this. Friends mother passed away, house
left in will to 3 adult children. 1 Son living in
residence, 2 others not living at residence.

House up for sale nearing end of first year (reverse
mortgage siuation).

2/12/08
I enter verbal agreement with son living t house. I rent
room for 1 month Paid rent in the amount of $300.00 +
services to retain room for 1 month (30 days). Rent paid
from 2/12/08-3/12/08.

Subsequently on 2/14/08 Son was taken into custody.
(Charges completely unrelated.)

2/23/08
Received phone call while at work from his sister who
demanded that I vacate the said property immediately.

2/23/08
Rec’d phone call from Deputy of local Police Department
who told me I had no rights, advised homeowner to take my
property and store in garage and change locks at residence
and said I would be arrested for B & E if I returned to
the property.

2/23/08
Called watch commander at station and discussed the
situation and the phone conversation I had with Deputy.
She (Watch Commander) told me that Deputy had spoken to
her about the situation and that the property owner
(sister)has stated that I had already been served the
correct paperwork. UNTRUE To this day I have never been
served any paperwork. My rent is paid and I think I do
have rights to retain peaceful residency there for the the
remainder of the month that is paid or upon receiving
legal eviction notice. I will stay at a friends house tonight.

2/24/08 Returned to residence today to find that the locks had been changed and I cannot get in, what can I do? The house is not occupied, the only other occupant was/is friend who I mentioned earlier is still in custody.
Can you please advise?

 

[Wyldrush]

I am not an attorney but since you paid rent you legally can be there. The police seem to be overstepping there boundaries and can be sued. This is a civil matter which requires court. As for papers served to you to leave, they need to evict you. That is a process and does not take 2 weeks. If eviction did take place, police would have documentation since they need to service 24hr to vacate letter and then come back with owner to make sure property is empty or make sure owner removed belongings and places them on curb.

Just because the owner is in jail, does not cancel the lease agreement which is actually a month to month lease. I am sure the son in jail can verablly vertfiy the lease.

Do you have a copy of a receipt showing payment was made or a canceled check?

I would consult an attorney in sueing the lady for tossing you out as well as for suing the local police dept. I feel they are not operating within the law.

 

[MIRAKALES]

The lawful owner or owners are the only persons able to enter into property agreements regarding the owned real estate. The one sibling brother may not have had authority to rent the premises to anyone. Being an occupant does not give one the right to rent to others. The brother, lawful tenant and occupant, would be the only person in this case not subject to eviction or lawful removal. (Since he is incarcerated this is irrelevant.) Nevertheless, the rental arrangement between you and the brother may not be lawful. And, therefore, may not require the normal processes of eviction.

From a common sense standpoint, the fact that you want to occupy a premise that is owned by a deceased person makes you suspect. It would seem that you were associated with a criminal. Do you really believe you should be allowed to occupy an unrelated deceased person’s property and have access to their personal belongings? (rhetorical question, no need to answer)

 

[tranquility]

This is a statue of frauds issue. Since you have no written contract/lease, there are certain things in your facts which *may* remove things from the statute. I don't think so, but admit *maybe*. Shop it around. If an attorney will take it, great. If not, move on.

 

[Some Random Guy]

The police seem to be overstepping there boundaries and can be sued.

No, the police, having been lied to by the owner, were of the belief that the tenant was properly evicted and would be committing a crime by breaking into the home. They have every right to arrest the tenant if they believe the tenant is committing a crime. Of course the tenant can then sue the homeowner for providing the police with false information and causing the arrest.

Advice: Find a new place, get some friends to help you move your stuff, call the homeowner and arrange for a time to get your belongings, call the police and have them supervise your move. Then call an attorney and see if you can sue over the lockout, forced move and lost rent.