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

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?

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

Posted

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 your lawyer. 2. Opinions are like noses--everyone has one. I just happen to think my opinions are right, but check with another lawyer too.

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Asker

Posted

She rents from me. I am trying to get her out.

Posted

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.

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Asker

Posted

She has a year lease. I have to evict her and it's going to be a pain in the ass. She is a pain in the ass. Everytime I see her or speak to her she threatens me with lawsuits.

Nicholas Basil Spirtos

Nicholas Basil Spirtos

Posted

You have a difficult situation, and there is not much I can tell you that will give you any quick relief. You might want to offer her some re-location money to get her to leave early. Or ask your landlord to let you out of your lease early. Since you are in essence her landlord, you need to be aware of what you can and cannot do. Go to http://www.dca.ca.gov/publications/landlordbook/catenant.pdf for a booklet that should be very helpful to you.

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