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Can I be locked out and have my stuff withheld from me if I'm sub letting a room without a contract & no lease without notice?

San Diego, CA |

I'm renting a room (sub letting) from this guy, he is on the lease and I am not. I pay him and he pays management. I have been there since december and without notice, he changed the locks and told me I am not welcome back and can't get any of my belongings unless I go through him. He told me I am not allowed on proporty as well. Is any of this legal? Can I be kicked out without notice, And can he withhold my belongings? What is the proper way to go about this? Im currently in a hotel without any of my stuff a feel "put out" unjustifably! Can someone help me please?!

Attorney Answers 2


First, find a new place to live. Second, sue him for wrongful eviction, breaches of warranties, and the money that you are out due to his actions. It doesn't sound like any of that is legal.

If the total amount is lower than 10k, you can file in small claims court. If you are suing for more than 10K, you can sue in limited jurisdiction.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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Thank you! Yes its lower than 10k, however.....I'm in a motel right now with none of my belongings because he has changed the locks on me and "kicked" me out without notice. I left the house on good terms with him and 2hrs of me being gone I receive texts from him telling me Im never welcome back and I'll be lucky to get any of my stuff. That can't be legal....him withholding my belongings, right?


In addition, you could bring an action for forcible detainer, which is like an unlawful detainer except that the tenant brings it against a landlord. You can also try calling the police. Locking out a tenant is a crime.

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