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smarrero67 · Sep 9, 2014, 12:40 AM

The person that I have lived with for two years plus and we were raised as brother and sister but we aren't we have slept in the same bed all this time won't allow me back in our home. I called the sheriff and the sheriff asked him if I lived there and when was the last time I slept there he said months ago. I pay all the home owners insurance put money in his acct to pay bills cook clean etc but I am not allowed to our home! The Lancaster police department won't tell him that he has to give me a notice to vacate and cannot keep me out or change the locks until he evicts me. I know this because I have been a residential property manager for over 25 years. What to do?

ChloFoSho · Sep 9, 2014, 01:00 AM

If you're wanted out it might be a good thing to leave... - You have the right to retrieve your belongings so that's something you need to work out

I don't really have any proper advice, but I would say to gather up any evidence you might need (Receipts for rent, bills, insurance etc) - In case you decide to take things further - It doesn't sound fair what's happening there, but then what is !

ScottGem · Sep 9, 2014, 04:42 AM

I'm really surprised the police allowed this. Did you offer any proof that this was your residence? You need to gather that proof and present it to the police to, at least, force retrieval of your belongings.

You don't say who has title to the home. Are you renting or does he own it or what? But California is strict about illegal lockouts.

California Civil Code 789.3.
(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether the utility service is under the control of the landlord.
(b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully: (1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device; (2) Remove outside doors or windows; or(3) Remove from the premises the tenant's personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3. Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shl anything in this subdivision apply to occupancies defined by subdivision (b) of Section 1940.

Illegal Lockout; Utility Shutoff or Seizure of Tenant Property

This is state law. So I would go back to the police with that law and a proof of residence. If the police don't cooperate, I would threaten to include them in the suit. The law is clear here. I would then file suit against him for an illegal eviction.

AK lawyer · Sep 9, 2014, 07:26 AM

This is state law. So I would go back to the police with that law and a proof of residence. If the police don't cooperate, I would threaten to include them in the suit. The law is clear here. I would then file suit against him for an illegal eviction.

And, unless you can show authority for the proposition that this conduct is a crime, you would probably be counter-sued for abuse of process.

The police have no duty to enforce a civil right of action unless ordered to by a court through an appropriate writ of assistance.

ScottGem · Sep 9, 2014, 07:34 AM

I'm not sure I agree with AK here, but it is definitely something you should check before filing suit. I do know that police in other areas of CA have been used to enforce tenants rights in similar situations.

It is not up to the police to tell him what he has to do to properly evict you, only that he needs to go through with a legal eviction to get you out. But I do believe it is within the responsibilities of the police (though it could vary by area) to help enforce this particular piece of code.

I'm guessing here, but after you found yourself locked out you went to the police without any proof of residence. He then lied to the police and told them you hadn't lived there in months. That's why the police didn't help. Once you show them proof of residence they should help.