Can a tenant sue me for forcible entry when I try to retrieve property that is mine or shared property in her possession?

Asked over 1 year ago - Oakley, CA

I have a nasty, spoiled, and irritating roommate/tenant who sublets from me and has hidden the Internet router in her room and refuses to let me use it. She says she is going to try to sue me for forcible entry if I try to retrieve it or fix it so that I can use the Internet. I already went in and fixed it once so that everyone could use it. She keeps threatening me for "going in her room". This is stupid and malicious, but what are my legal defenses and how should I go about this? If I give her notice, that I'm going to enter, then she will hide it so I can't retrieve it. It's really stupid and petty and annoying, but she does this to me repeatedly and threatens me for "breaking into her room". What legal defenses should I have if she tries to press charges?

Additional information

I realize how ironic this sounds because I am on the Internet right now. I fixed it once, and she is threatening me because I "went in her room" to do so. Also, the Internet bill is in her name and she refuses to take it out of her name, and is trying to sue me and withhold rent because I haven't paid a bill which is in her name. I told her I would deduct my portion from her other utilities.

Attorney answers (2)

  1. Frances Miller Campbell

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . There's only one logical answer to this problem, and it's not legal advice. Move. Nothing good is going to come out of this situation. The last thing you need is this person accusing you of a crime--what if she makes up something and has you arrested via a citizen's arrest?

    Get out--far away. Buy a new router.

    Important things to remember: 1. The fact that I answered a question that you asked me on line, doesn't make me... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Give her a thirty day notice and get her out. During that period, limit your interaction with her, do not go into her room for any purpose, keep good notes of what you do daily, because you cannot trust her not to make some sort of accusation against you.
    You may want to make sure you have witnesses around in case you do have to interact with her.
    Sounds like a bad situation. I wish you luck. You are probably going to need it.
    It might be worth it to hire an attorney to make sure you do everything right.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,465 answers this week

2,737 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,465 answers this week

2,737 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary