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  1. #1

    Default Landlord is Illegally Moving Out My Belongings

    My question involves landlord-tenant law in the State of: California. I moved into a rental unit 10 days ago. The owner is stating that my lease is invalid. I rented the property through Westside Rentals. The agent met me at the property, signed the lease, accepted the move in payment and provided keys. Now I'm in a dispute with the landlord and the police keep coming and threatening to arrest me for trespassing. Today they brought a locksmith and movers and are removing my belongings from the property. What are my legal options? Can I call the police to stop them? Can they legally remove my stuff without a court order? PLEASE HELP. EVERYTHING I OWN IS IN THAT HOUSE

  2. #2
    Join Date
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    Default Re: Landlord is Illegally Moving Out My Belongings

    Let's start with this ... WHY does the owner say the lease in invalid? The contract should state what happens int he event the terms are violated, and I doubt any of that includes movers and locksmiths to kick you out.

    You can certainly call the police, but, whether they will do anything or not depends on what information they are provided.

  3. #3

    Default Re: Landlord is Illegally Moving Out My Belongings

    The rental company is saying that they didn't rent it to me. I think they are trying to run a scam to get multiple applicants move in money. Is it legal for the police to determine whether the lease is invalid? Doesn't that require me going to court and presenting my evidence? Can they lock me out when I have paperwork saying I leased the property and I have mail that has been delivered to me at that address?

  4. #4
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    Default Re: Landlord is Illegally Moving Out My Belongings

    Quote Quoting lionessxclusiv1
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    My question involves landlord-tenant law in the State of: California. I moved into a rental unit 10 days ago. The owner is stating that my lease is invalid. I rented the property through Westside Rentals. The agent met me at the property, signed the lease, accepted the move in payment and provided keys. Now I'm in a dispute with the landlord and the police keep coming and threatening to arrest me for trespassing. Today they brought a locksmith and movers and are removing my belongings from the property. What are my legal options? Can I call the police to stop them? Can they legally remove my stuff without a court order? PLEASE HELP. EVERYTHING I OWN IS IN THAT HOUSE
    This is the same topic you wrote about a couple of days ago:

    http://www.expertlaw.com/forums/show...ht=#post899773

    Did you follow ANY of the advice that was given during that discussion?

    If yes, what were the results?

    If no, then I suggest you get on the phone to the nearest U-Haul place and rent a truck that all your property will fit in and then rent a storage place that you can move all your stuff to. Then find a cheap motel until you can find an apartment that you can move right into.

    Once you are settled in your new place you can hire a lawyer and see if you have any recourse against the landlord or the management company.

    - - - Updated - - -

    Quote Quoting lionessxclusiv1
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    The rental company is saying that they didn't rent it to me. I think they are trying to run a scam to get multiple applicants move in money. Is it legal for the police to determine whether the lease is invalid? Doesn't that require me going to court and presenting my evidence? Can they lock me out when I have paperwork saying I leased the property and I have mail that has been delivered to me at that address?
    Obviously they CAN do it because they ARE doing it.

    If they are doing it wrongly, you are still out on the street but may have recourse later.

  5. #5
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    Default Re: Landlord is Illegally Moving Out My Belongings

    Quote Quoting lionessxclusiv1
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    The rental company is saying that they didn't rent it to me. I think they are trying to run a scam to get multiple applicants move in money.
    There ARE scams out there where people pretend to represent the property management company and take your money before you find out that you do NOT have any legal right to be there.

    Have you spoken to anyone you originally spoke with? The agent you signed with, did you meet them IN their office? Or, did you respond to a Craigslist notice and meet at the scene? Did you pay CASH? Check? Green dot Visa? How did you pay first month's rent and/or any deposits?

    It's possible you were scammed, but NOT by anyone representing the owner.

    Is it legal for the police to determine whether the lease is invalid?
    That is usually NOT their task. They might respond, look over the assorted paperwork and hear the parties out, and then make a decision for the moment - but it's no permanent solution. Generally their diecision will be that it is a civil matter and that the property owner will have to seek a court order to remove the tenant. If you have what appears to be a valid lease, they aren't likely to say you have to leave. And if you have a cancelled check, all the better!

    Doesn't that require me going to court and presenting my evidence? Can they lock me out when I have paperwork saying I leased the property and I have mail that has been delivered to me at that address?
    See above.

  6. #6
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    Default Re: Landlord is Illegally Moving Out My Belongings

    If you were scammed by somebody not the owner or in any way representing the owner it is unlikely that any landlord tenant relationship arose...at best you were a trespasser and once directed by Ll or his agent to get out you risk being hauled off to jail as a willful trespasser.

  7. #7

    Default Re: Landlord is Illegally Moving Out My Belongings

    Thank you for all your comments in response to my post. I met the agent at the property address. I did however pay cash but was given a receipt. With the company being reputable I didn't think twice as to the legitimacy of the contract. I have used their services several times without any issues. I did seek legal representation who advised me that their actions were illegal. I called the police a few minutes ago who also informed me that this was a civil matter and I cannot be forcefully removed from the property. They are dispatching a unit to meet me there after I leave work to try and stop the removal of my possessions. I have been completely cooperative with both the owner and authorities. I agreed to move however with having paid $3500 to move in I was not financially capable of vacating in 24 hours .

    This is a nightmare. I am a single mother of a 10 year old daughter. They have threatened to take her into child protective custody. I did not break any laws. I don't understand how I can be treated as a trespasser when I was given keys and approval to be there.

  8. #8
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    Jun 2015
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    Default Re: Landlord is Illegally Moving Out My Belongings

    You miss the point...If I hand you a set of keys and take $3500 from you ...how does that bind the owner ...unless I am owners agent ...which I am not ....

    It's not entirely a rare scam.....

    Now IF the agent was truly an agent of the owner than that very well bound the owner ...and If you can show such a relationship ...they better darn well provide you the unit.

    BTW did you get a written lease?

  9. #9
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    Default Re: Landlord is Illegally Moving Out My Belongings

    Westside Rentals is a HUGELY reputable company. However, those scammers generally will take a property listing and scam an interested party. They change locks and that's how you get keys. IIRC, if you legitimately were renting from an ad they were listing, you would have been going to their office to sign your lease and get the keys.

    Did you go to the office at all? Did you call the company and speak to the listing agent?

  10. #10
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    Default Re: Landlord is Illegally Moving Out My Belongings

    Quote Quoting HRinDEVON
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    If you were scammed by somebody not the owner or in any way representing the owner it is unlikely that any landlord tenant relationship arose...at best you were a trespasser and once directed by Ll or his agent to get out you risk being hauled off to jail as a willful trespasser.
    But, this would not likely be able to be determined by the officers at the scene, so chances are the officers would punt the issue to the civil court for the time being.

    - - - Updated - - -

    Quote Quoting CourtClerk
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    Westside Rentals is a HUGELY reputable company. However, those scammers generally will take a property listing and scam an interested party. They change locks and that's how you get keys. IIRC, if you legitimately were renting from an ad they were listing, you would have been going to their office to sign your lease and get the keys.

    Did you go to the office at all? Did you call the company and speak to the listing agent?
    Great point! I have never known a leasing agent to have a prospective tenant sign all the documents at he property to be rented as the necessary forms and other documents are not likely there. I suppose it is POSSIBLE that a lending agent might have carbon forms to be completed and can give a copy to the prospective tenant right away, but, there are references to be checked, credit checks to be run, etc.

    I, too, want to know if the OP ever went to the office.

    Ultimately, however, even if this was a third party scam, chances are the police will not boot anyone out and will freeze the scene until the civil court can get involved or the OP voluntarily vacates.

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