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Legalease
Legalease, Lawyer
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Experience:  15 years exp all aspects of general law
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after being evicted, landlord will not return personal belongings,

Resolved Question:

after being evicted, landlord will not return personal belongings, says I have to clean the house before I can retrieve my personal property, is this legal? House was repossessed and I do not have a lease or rental contract with the new owner. Did receive a notice that I had 15 days to claim my property but when I showed up to pick up my belongings, he said I would first have to do some major cleaning to the house before he would let me pick up anything.
Submitted: 2 years ago.
Category: Legal
Expert:  Legalease replied 2 years ago.

Hello there

 

WHat state are you in?

 

Do you have an approximate value of your belongings?

 

 

--MARY

Customer: replied 2 years ago.
I am in California, belongings are over over $2,000 in value.
Expert:  Legalease replied 2 years ago.

Hello again

 

A landlord in any state, including CA, has not right to keep your personal belongings from you -- even if you owe him money. He must take you to court just like every other landlord in the state would do -- if he wants the place cleaned he should have it cleaned and then take the money from your security deposit or sue you in small claims court or in housing court for any additional damages that your security deposit does not cover (in the Landlord's opinion). What you should do here is file a small claims case against the Landlord and ask the Landlord for payment of the value of your personal belongings or the return of your belongings plus court costs and any costs that it takes for you to get to court on the day that the court hearing is held (such as if you miss a day of work) . In CA small claims court you can sue for up to $7500 and you can prepare and file the claim yourself in the nearest district court: here is a link to the small claims court forms and instructions: http://www.courts.ca.gov/selfhelp-smallclaims.htm

 

Good Luck

 

--MARY

 

I hope that helps. I would appreciate it if you would press the ACCEPT or SUBMIT button below this answer box so I am paid for my time. I am not paid anything (we do not receive paychecks) and this is not a hobby for me -- it is how I earn a living -- so I will appreciate it when my customers press ACCEPT or SUBMIT below. Pressing the button will not cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU !!

 

--MARY

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14454
Experience: 15 years exp all aspects of general law
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