What to do if my landlord tookmy personal property without a proper eviction?

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What to do if my landlord tookmy personal property without a proper eviction?

I was arrested out of my apartment on 1/6/11. My father went into my house to take care of my belongings. The landlord showed up and told him to leave the premise so that she could securely lock up the house. I got out of jail on 1/8/11. I came home to see an eviction notice on my door saying that I owed $2400 for 10-12/10. I call the landlady and asked her what was going on. She told me that she bagged all of my stuff and put it in trash bags which she left in the kitchen. When she and the police arrived, she walked in through my back door and said that I was robbed.

Asked on January 16, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are going to need help with all of this.  Take the Notice of Eviction to an attorney.  Is the notice a 30 days notice to vacate or the starting of an eviction proceeding for failure to pay the rent?  Is it a pay or quit notice?  What it is will determine how you are going to proceed but the bottom line is this: if she entered your apartment and she did anything with your belongings without a notice of eviction then she is in BIG trouble.  And lying to the police is also something that she needs to worry about.  Filing a false report is a crime and you have evidence in the form of witnesses and testimony to contradict her claim.  Good luck. 


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