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  1. #1
    Join Date
    Mar 2020
    Posts
    2

    Default Not on lease, locked out of apt

    My question involves landlord-tenant law in the State of: California

    I have a rather unique occupancy question, and after checking the FAQ and articles I couldnt find the answer I'm looking for. Here it goes:

    My girlfriend and I moved into am apartment complex in downtown LA, however, since her credit score is better than mine I employed her to fill out the application with just her name on the lease. She was approved, but used the statements from my business to do so. I make all of the money in the household while she is disabled but does not collect benefits just yet. Long story short, she had a psychotic episode and locked me out of the apartment. Usually she bounces back from these things but it's been over a week now and she refuses to let me back into the apartment, even just to collect my belongings. To complicate things more, I told her I would just get a police escourt to help me get my possessions and she threatened to tell the police that I was abusing her if I did. Now, I have never laid so much as a finger on her in anger, but I know she got this idea because I told her about an occasion when I had a vindictive girlfriend phone in a fake domestic abuse 911 call after we broke up where, despite a clear lack of any evidence, I was arrested and released after 2 days in jail (charges were later dropped due to lack of evidence).

    I dont want to get the police involved - I just want my stuff. But I want to prepare myself for all possible outcomes in the situation. What are my rights in terms of collecting my belongings at an apartment where I am not on the lease (despite paying rent every month) and how could I protect myself if I must involve the police? Obviously I am making this post because I've exhausted all other options viable to me. Any advice is much appreciated.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,604

    Default Re: Not on lease, locked out of apt

    I have a rather unique occupancy question
    Nothing unique about it. Quite common when BFs and GFs live together. Hardly a week goes by that I don't see the same sob story on legal websites.

    locked me out of the apartment.
    You can take your chances and bring a cop to the door as a civil standby or you can sue her for the used value of your property. Being served with a lawsuit may convince to let you get your stuff back.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,522

    Default Re: Not on lease, locked out of apt

    Quote Quoting Daddyvulg
    View Post
    I dont want to get the police involved - I just want my stuff. But I want to prepare myself for all possible outcomes in the situation. What are my rights in terms of collecting my belongings at an apartment where I am not on the lease (despite paying rent every month) and how could I protect myself if I must involve the police? Obviously I am making this post because I've exhausted all other options viable to me. Any advice is much appreciated.
    No matter who is on the lease, if you have been living there you have a right of access - even if it is to forcibly enter. If you do not want to force your way inside, you can have the police stand by while you collect your property. There is no way to predict what she might tell the police if they show up, so that's going to be a judgement call. The good news is that arrests in Los Angeles County - and California as a whole - are discouraged right now.

    If she doesn't want to live with you, why won't she just let you get your things and go?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Dec 2012
    Posts
    1,018

    Default Re: Not on lease, locked out of apt

    Next time don't use crazed girlfriends to lie on rental applications (having her fill out the application but using YOUR business statement to get the approval to rent) and you won't end up in the pickle that you're currently in.

    Gail

  5. #5
    Join Date
    Jul 2018
    Posts
    2,054

    Default Re: Not on lease, locked out of apt

    Quote Quoting Daddyvulg
    View Post
    since her credit score is better than mine I employed her to fill out the application with just her name on the lease.
    You "employed" her to do this? Did the application disclose that you would also be occupying the premises?


    Quote Quoting Daddyvulg
    View Post
    She was approved, but used the statements from my business to do so.
    What sorts of "statements"?


    Quote Quoting Daddyvulg
    View Post
    What are my rights in terms of collecting my belongings at an apartment where I am not on the lease (despite paying rent every month) and how could I protect myself if I must involve the police?
    I don't completely understand the question, but you do have the right to collect your property. If you go to the police, you can prepare them for the possibility of a false allegation of abuse.

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