Oakland, CA asked in Criminal Law, Landlord - Tenant and Small Claims for California

Q: My roommate tried to illegally evict me and threw out my things and kept some without any warning, can I claim theft?

Ive been subletting a room in this woman apartment for a year now, im not on the lease nor signed a lease with her but we did have a verbal agreement.

I leave to house/pet sit for one of my friends that went out of town, I was only gone for 4 days and I come back for a change of clothes. She changed the locks to the front door, I called the cops to let me back in, 30mins before the cops let me back in she texts me, "Don't come back" and stated that she threw my things out, once I was in I saw she broke the lock on my door and my things were gone including all my clothes. But I still see technology that I had and I asked if they had more of my things, they did. Based on that text alone I believe she didnt think I would ever be able to come back for my things and she was going to keep what she had if I didnt call the cops to let me back in, can I claim theft with that? I suspect she still has some of my belongings.

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

did you pay anything? was this an old girlfriend?

you can claim anything and sue for anything.........the outcome is dependent on the facts.

set up an appointment with a local lawyer asap.

she was supposed to give you notice to leave per Unlawful Detainer procedures.

David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: Small claim case = great idea.

Theft and/or vandalism = possible.

Great landlord tenant case.

Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.