Does landlord have right to go through your belongings after lockout?

Asked over 2 years ago - Los Angeles, CA

Other than for reasons of packing and storing, does a landlord have the authority to go through your personal belongings after a lockout due to eviction, wherein tenant has 18 days to collect their belongings pursuant to CCP 1165? To me it seems like an invasion of privacy for landlord just to go through your belongings if it is within the 18 day period, or if landlord is not packing and storing your items. Citations would be helpful. Thanks.

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . No, not before the expiration of the notice which the landlord provided. However, it would be difficult to quantify what damages to which the tenant would be able to recover in such instance.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Kevin Lewis King

    Contributor Level 14

    1

    Lawyer agrees

    1

    Answered . Your citation to Cal. Code of Civil Procedure section 1165 is erroneous as it does not address this issue...

    Far from being an invasion of privacy, a California LL is actually required by CA Civil Code section 1983(b) (concerning notices of abandoned property to ex-tenants) to sort through your belongings to the extent necessary to "describe the property in a manner reasonably adequate to permit the owner of the property to identify it." How does a LL describe your property without going through it?

    The LL then has the option of leaving the property where it is or removing and storing it. In either event, he or she can collect reasonable storage fees from the ex-tenant pursuant to CA Civil Code section 1987 and is protected from liability for damage to the property except for deliberate or negligent acts pursuant to section 1986.

  3. Douglas Whitney Weitzman

    Contributor Level 13

    1

    Lawyer agrees

    Answered . After you are locked out, the landlord is required to store your things if the items are worth more than $300. If they are worth less, and you didn't take them out before the lockout, they are usually required to serve you with a notice of belief of abandonment, store the items or leave them there.

    They would probably inventory the items and take photos of them, to protect themselves against any claims from you the tenant. If the landlord states on the notice that they believe the items are worth less than $300, and you don't come and get them and pay reasonable fees, including storage, etc, then the landlord may do whatever the landlord wants. Otherwise they have to store your things for a reasonable period of time. It is up to a court to determine how long that is.

    This is general legal advice intended for informational purposes only and does not create and attorney/client... more

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

Get free answers from experienced attorneys.

 

Ask now

29,491 answers this week

3,158 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

29,491 answers this week

3,158 attorneys answering