[maria2day]

A few months back I got a job looking after an elderly lady. The lady is very active and healthy and travels quite a bit. She lived on a large piece of property with a furnished guest house. She didn't need care, she just didn't like to be on the property all by herself. The agreement was I would get free rent and utilities, plus a small salary. In return, I would work approx, 20 hrs a week doing lighthousekeeping, laundry,run errands etc. She was looking for someone to work long term. Everything was beautiful for about 6 weeks, then her estranged husband came back. The very same day that he arrived, they both became hostile. They were verbally abusive and disrespectful and demanded that I leave that day.No notice whatsoever. I packed up most of my things and took them to a friends house. When I returned the next day to get the rest , they had entered my apartment and removed most of furniture. They removed my paperwork from the desk, emptied my closets and essentially moved me out. They flushed my fish down the toilet and got rid of my fish tank. Then they locked me out. What is my recourse? What damages can I sue for? I live in California

[joypulv]

Your best bet is Small Claims, which I think is at 5,000 max in CA. It would have been better to refuse to leave and call the police, but hopefully you have some documentation of what they threw out and the value. Write down the exact dates while fresh in your mind. If you have a written agreement, all the better. Although tough without it, the fact that you lived there and had furnishings there should be enough, and if you can get affidavits from witnesses of living there and of being evicted, do so, or bring someone to court with you. They also cannot lock you out.

Even if they trump up some charges against you, they cannot throw out your belongings (and they didn't call the police, right?). I wish you hadn't left, however, because they will claim you abandoned the property. Find out the local ordinance about that (30, 60, 90 days). I don't think you can claim landlord-tenant law about possessions, but you can try by asking around tenant groups in your area.

All in all this may prove to be a he said she said case but I have a feeling the judge will be on your side.

[ScottGem]

This was NOT an illegal eviction. However you may be able to sue them for the loss of your belongings. Did you inform them that you would return the next day for the rest?

The reason this is not an illegal eviction is you left. Then can demand all they want. All you had to do is call the police and file a complaint against intimidation. You would have to prove that they forced you to leave and I doubt if you can do that. A landlord can demand a person leave immediately, but they can't force that person to leave by changing the locks, throwing their things out, cutting off utilities etc. That WOULD be an illegal eviction.

As for recovering the cost of your belongings, you will have to be able to produce an inventory with valuations.

[AK lawyer]

...
The reason this is not an illegal eviction is you left. ...

Agreed. Had they turned off the utilities, locked you out, or literally "threw you out", you would have a case for unlawful ouster. But you don't since you left voluntarilly.