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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36195
Experience:  Attorney over 16 years, landlord 26 years
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I have been locked out after an eviction by my sister who's

Customer Question

Hello, I have been locked out after an eviction by my sister who's rental house I was renting. I have no place to go and she has all my belongings including my pets. She won't let me have anything.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: Like what can you give me an example
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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How long ago did this happen?

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thanks

Barrister

Customer: replied 4 months ago.
around the 15th of December
Customer: replied 4 months ago.
No I can not afford to do that as I am now homeless
Expert:  barristerinky replied 4 months ago.

Ok, is there some reason why you have waited over two weeks to try to do anything about this?

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What she did was an illegal eviction and most people would immediately call the police due to this unlawful action, they would show up, and force the landlord to put the tenant back in possession of the property...

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She can't evict you without a court order of eviction from a judge. So if you call the police now, and explain how she illegally threw you out without any order from the court, and ask for an escort over there to avoid any confrontation, they can meet you at the property and can force her to restore you to possession.

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thanks

Barrister

Customer: replied 4 months ago.
I know she did go through with a legal eviction and had me removed from the house by a police officer. My pets and everything I own is still in the house. I have no money to give her.
Customer: replied 4 months ago.
Is there any hope of getting my belongings?
Expert:  barristerinky replied 4 months ago.

Ah, ok that is kind of an important fact as I thought you meant she conducted an illegal eviction outside the courts..

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But she can't legally keep your personal property.

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A landlord must send the former tenant(s) the Notice of Right to Reclaim Abandoned Property. There is no deadline for this like there is for an accounting of a security deposit, but the landlord cannot legally dispose of the property until this process begins with the notice. The Notice of Right to Reclaim Abandoned Property should list:

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- The name of the tenant and any other person who could have an interest in the property

- The address of the premises

- A description of the property (“in a manner reasonably adequate to permit the owner of the property to identify it” per Civil Code section 1983(b)).

- A place where the property may be claimed.

- The value of the property; whether the property, in your opinion, is worth more or less than $300

- landlord's signature and date the Notice was mailed.

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The Notice should be mailed to the last known address of the tenant. The postal service will forward the notice if the tenant left a forwarding address.

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The landlord must surrender the property if the tenant contacts the landlord within 18 days after the Notice was mailed. Even if a Notice wasn’t mailed, the landlord must surrender the property within 18 days after the tenant has left where the tenant demands her property.

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Before returning the property, a landlord has the right to charge moving and storage costs, and any out-of-pocket costs the landlord incurs for renting storage space. If a landlord has a court judgment, in order to properly keep the property to have it sold and applied against such a judgment, the landlord must have the sheriff seize the property and auction it off.

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So you need to send sister a demand for all your personal property in some documented format, like email, text, certified letter, etc. so you have proof of the demand.

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Then if she doesn't return your property you can sue her civilly for the value of the things she wouldn't return.

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thanks.

Barrister

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