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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22417
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I live in Woodland California and I Rented a commercial building

Resolved Question:

I live in Woodland California and I Rented a commercial building about 4 months ago, to start a mechanics shop, the first two months where good on the 3 month the land lord asked for more rent we had a discussion and she decided that she wanted me out she gave me a thirty day notice to quit, during this 30 days she came into our building and came inside with out our knowledge or permission and just looked around some days later they entered again and removed some off our cars and property to the street with out our permission or knowledge, we called the police and they told her she could not do that , she stop, how ever when she removed our cars and placed them on the street she intermediately put her cars inside off building so we could not place ours back inside, the 30 days went by and we receive a Summons for UD, we responded to the summons and at this moment awaiting court date....

This is the question
a few days ago I drove by the shop and saw that she again towed two of our cars from inside off building (this two cars were left inside on prior incident when police was called and told her to stop) to the street and clean up that area along with a lot off our belongings, and now is using it for her businesses, at moment I have not approached her on this.... what can I do. . .
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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The actions she is taking would be considered an unlawful eviction since she has no legal right to retake possession of the property at this point. She would have to get a legal order from the court allowing her to take possession and remove any of your vehicles if you didn't do so.
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At this point, you could file a lawsuit against her in small claims court for unlawful eviction and seek punitive damages for this willful breach of the law since she has already been notified once by the police that what she is doing is unlawful. The limit in CA small claims court is $10,000 so you can file suit for up to that amount and then just let the judge decide what she should have to pay. Judges typically don't like it too much when a landlord tries to do a "self-help eviction" and will slap them with some large monetary penalties for doing so.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 22417
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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