What can a tenatn do if the landlord refuses to release your personal property after lockout, even though the tenant has made claim to their property pursuant to Civil Code 1965 within 18 days as required. Basically, it seems that the landlord does not want to agree to the dates suggested by the tenant (tenant has suggested 3 dates), but unilaterally picked a date, and gave notice to the tenant late Friday, that they need to come come pick up their belongings by Monday. Never mind that the landlord hasn't responded to the 3 dates (a few days away) suggested by the tenant, but tenant can't even get movers to show up on such short notice to satisfy the landlord's date that was unilatterally picked.
meant above that landlord unilaterally picked a date. Can you make some sort of motion to a judge to get a Court Order requiring that landlord release tenant's property. What would the motion be labeled?
It would not be a motion but rather, this requires you to file a small claims lawsuit against the former landlord.
The former landlord may be required to pay the former tenant damages equal to the value of the tenant's possessions, plus up to $250 as a penalty.
See Civil Code section 1965 (e)(1) and (e)(2).
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.