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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4831
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I rented a room with a verbal agreement between a Landlord

Customer Question

I rented a room with a verbal agreement between a Landlord and me. I showed Landlord letter of Employment for $80,000 a yr job in Canada. I explained I want to rent this room for wife and 10 yr old son cause close to his school, but can"t pay any rent till I get to job . Landlord agreed ! Moved them in Thursday and by Saturday Landlord was breaking down the door demanding money. I said that I am leaving for work and will pay her in the next 2 days. Police were called that night from her saying we were fighting all day and that we are trespassing and have to move out by 9 am tomorrow morning. Or they will use force. We moved a few things the next morning but had no where to go, so said will come back later when we find a place to store it. Landlord called police after we left and police came and searched our entire room with landlord. Can they all just do that ?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

I am sorry to hear that you find yourself in such a predicament. When a person is given possession of property they cannot be charged with trespassing - civil or criminal. The police will not get involved in an eviction which is strictly a civil matter, unless they see a crime being committed. A landlord in CA cannot simply pound on the door and throw a tenant out on the street, rent or no rent. The tenant in CA has rights under the law. Here is the guide to CA law on tenant's rights. http://www.dca.ca.gov/publications/landlordbook/ Without a court order, a tenant cannot be moved out by force, either by the police or the landlord.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4831
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 6 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for the legal advice on my situation with this landlord and police .My family are still living at friends place , sleeping in the living room . Have been able to extend my starting date as general Manager for a Steel company in Calgary, Alberta Canada. I think I would like to retain a Lawyer over these matters in the Orange County area as soon as possible !

Expert:  Irwin Law replied 1 year ago.
Thank you for your positive rating. Retaining an attorney in the area where this is going on is an excellent idea. Good luck in your new job. This is not an Answer or a question, so no Reply is needed.
Customer: replied 1 year ago.

If I were to sue this Landlord for wrongful eviction can I include , 1} Her harassing my family all day Saturday. Following my wife and son to his friends house and harass them there by knocking on son's friends house and asking wife for money there ! Son had his phone taken away on Monday by school teacher cause Landlady was calling every 10 minutes . She was calling to tell us that all our stuff is out on the street . 2 ) On Saturday afternoon she returned with a small mob of friends to yell at us to get out. 3) Her calling the Police that night around 9 pm . Made a complaint to Police that we were fighting all day at rental ! 4) Police woke us up around 9;30 Saturday night saying there was a domestic violence reported to them. There were 4 Police and about 10 of her friends outside . After Police found no crime they stated that we are trespassing and that we will be removed by force if we do not move tonight, but seeing as we have a child we have till 9 am tomorrow morning. 5) Landlord returns Sunday morning with friends as we are loading our car with belongings and start yelling at us again. We stopped loading car and left due to son crying and scared. 6) Landlord calls Police after leaving Sunday morning and lets Police into rental to go through our personal belongings . I have no idea what they were looking for ? Also can I Sue the Police !

Expert:  Irwin Law replied 1 year ago.

Those facts would all go into a claim for damages against the landlord. The police are exempt from suits such as that because they were performing their duty, even though I believe they are legally wrong to categorize you as "trespassers."

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