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LawBeagle
LawBeagle, Attorney
Category: Legal
Satisfied Customers: 961
Experience:  Licensed attorney
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I Have not been able to remove my belongings from a cabin I

Customer Question

I Have not been able to remove my belongings from a cabin I occupied in California, because the road was washed out over the winter. The owner wants me to pay back rent to be able to fix the road and won't let come back on to the property. I don't think I should have to pay anything since it is a one mile walk down to the cabin, in my opinion makes to cabin uninhabitable.
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.
Hello there:

I understand the situation, but I do not want to make any assumptions about what you are asking. Is your question whether the landlord is obligated to repair the road so you can access the cabin?
Customer: replied 5 years ago.
yes, and can she keep me from removing my belonging because she thinks I owe her money. There is no written rental agreement, and I was always under the impression that i was trading work on the cabin in instead of rent. it is only just recently that she sent me an email asking me to pay the rent after 15 months of me doing stuff and never asking me to pay rent. she wants 3,000.00! including rent during the time that I have not been able to get to the cabin by truck.
Expert:  LawBeagle replied 5 years ago.

Hello,

 

She cannot keep you from removing your belongings; however, if she has changed the locks on the cabin you will need to go to court in order to retrieve them, as you cannot damager her property. In order to collect rent, she will also need to take you to small claims court, at which point the judge will decide what rent, if any, is due. It is unlikely that you would owe any rent for the time where the cabin was inaccessible; I think most courts would think that a one mile hike qualifies as making a cabin uninhabitable.

 

Please let me know what follow up questions you have; if my answer has been informative for you, please hit the green Accept button so I can receive credit for my response. Thank you - have a great day!

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