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My house was raided, they found nothing, no one was even home. They kicked in the doors, and left my gate open , so when I did get home, my dogs were gone. (later recovered), They have now called my landlord and he has asked me to vacate the premises. I have been here for over 13 years. I live in San Luis Obispo County, Ca. Do I have any recourse whatsoever?
The house was "raided" by police? Did they have a search warrant?Quote:
My house was raided, ... Do I have any recourse whatsoever?
And the "they" who also called your landlord would also be the police? What did they tell the landlord? In most places, if you don't have a lease, a landlord can give you written notice asking you to move out and, if you fail to do so in the period given in the notice, can take you to court to evict you. Is this happening in your case?
It may be possible to sue the authorities for the damage to you home. Contact an attorney.
Carefully read your lease, many have clauses stating suspected illegal actvity. A raid was consitute that type of activity because they were able to get a warrant, or did they
Your landlord has to give you 60 days written notice to vacate. I'm guessing here that you no longer have a termed lease but are month to month.
Your recourse will depend on the circumstances of this raid. You give us no details about who raided and why or what was said to the landlord.
Agree, assuming, the police raided your home, and the police called your landlord, it means they had reason to suspect illegal activities. "They found nothing" would make me assume it was stolen property or drugs they were looking for.
In most leases, suspected criminal activity is enough for them to evict you.
You need to think of this carefully, why would they believe this, who in your home, would cause them to believe this.
If this is government housing, often the suspection of illegal activity can allow for a faster eviction, so read your lease carefully,
But no, there is not a lot you can do,(based on the little info you give)
Thank all of you for your replies! Yes , they had a warrant, they SUSPECTED or had been informed/lied to that we were dealing drugs. I know exactly who informed/lied to them, a neighbor that has a hard on for me. NO DRUG DEALING has ever taken place here, I had a room mate that was arrested for possession of a controlled substance, who I asked to leave upon his return from jail, which he did immediately. They searched every inch of this property and found NOTHING, nil, NADA! Yes it was the police that contacted my landlord. Thank you again!
It would take more than just a neighbor telling them, unless that neighbor is a regular informant for the police. But a report of that, plus a person who lived at that address arrested for possession may have been enough.
In fact, if someone was living with you, and they were arrested for possession, that alone can get you evicted in some housing.
I'm not so sure that it would take more than a neighbor. Police are individuals, and act differently all over the country, and at different times.
Call around to lawyers who might be willing to take this on pro bono.
Meanwhile, I would write a letter to the Chief of Police regarding the entire incident (keep it to one typewritten page) and say that you are talking to lawyers. Include a bill for damages (they won't pay it). Send a copy to the landlord, but add a personal note saying that you don't want trouble, and hope you can stay, after a good relationship all these years. Who is paying for the door and anything else? I think you should pay for it, because you allowed the roommate to live there.
Maybe send a copy to your neighbor too. You could even say that you are looking into a civil suit against him for door damages and defamation (also probably will get you nothing). Or just Small Claims for the damages. That might be worth it.
I think you have rights here, but they might just be the right to be left alone from now on. Police have plenty of rights once they have a warrant. Proving that they didn't have grounds for a warrant is really tough.
Considering there WAS a warrant, it takes a judge or magistrate to issue a warrant, there had to be enough evidence for them to sign the warrant. One neighbor's complaint wouldn't be enough evidence.
You had a roommate that was caught, tried, and convicted. That could be a portion of evidence that goes against you along with the neighbor's complaint. But that's usually still not enough to issue a warrant.
Warrants aren't issued willy nilly.
The bottom line here is that the landlord wants you out. Unless you can convince the landlord that there is no basis to the police accusations you will have to vacate. The landlord still has to follow the law, which in CA requires a 60 day written notice given your long term tenancy.
In this county, they are! I feel like I live in a police state! It's no longer innocent until proven guilty, it's the opposite! I will do whatever my landlord wants me to do! He has been wonderful to me and I don't want to do anything that would cause him strife! He wants me out by 12/31, I'll be out by 12/31, I will replace the doors and leave this place immaculate! I loved living here and I'm just sick over the whole thing! He asked me to sign a document stating that I would be out by th 31st and I will be! I just feel like I've been hung out to dry by the cops as they go on their merry way to destroy someone else's life!! After 13+ years here it will take a miracle to do this, but I don't want to be a problem to my landlord! But I'm mad as hell at this county's law enforcement ! Thanks again for all the helpful replies! I do appreciate them! Who knows, maybe this will be a goood thing!!
Innocent until prove guilty applies only to the court system. Unfortunately, it does not apply in the court of public opinion.
That being said, I still would not be so nice to your landlord. He asked you to sign that document because he knows he was going outside the law asking you to be out by 12/31. Again, according to CA law he has to give you written notice to vacate of at least 60 days. He apparently has not done this.
He is within his rights to ask. But if OP isn't out by the end of the year he will have had to give OP the 60-day notice before he can take OP to court.Quote:
Originally Posted by ScottGem
Let me rephrase that:
because he knows he was going outside the law requiring you to be out by 12/31. ...
Yes he can ask
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