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Landlord sneaking in my rooms, touching, commenting, and checking the holes on the wall. Misdemeanor or felony?

San Francisco, CA |

I have noticed that my current landlord and her daughter come in my room for many times. I have set up a video camera to record what happens after I leave the room unattended. Mother and daughter came in my room couple times and touched my personal stuffs, commented how messy it is, and checked the holes on my room to set up their own plan to charge me when I move out.

Since I have a video record of both entering my room without a written notice, it will be an illegal entry (trespass). Can I sue them and put the charge of misdemeanor? If they get that charge, what kinds of disadvantages would they face?

Also, when I moved into this house, I have shared a story to her that may have threatened her unintentionally. Can she sue me for threatening her?
Thank you

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Attorney answers 3

Posted

This is a complex question as it has many issues attached to it. You do have right and some have been violated. Seek advise from a local attorney

Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com. The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.

Posted

misdemeanor but it will be treated as a civil matter. what are your damages? emotional distress. minimal. put a lock on your door.

Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!

Posted

All crimes are prosecuted by the district attorney. If you want you could file a claim for trespass with the police department. Make sure you provide a copy of your video.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information 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 principles discussed here may differ substantially in individual situations or in different jurisdictions.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

talk to a local tenant lawyer. good luck

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