San Jose, CA asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for California

Q: Do I need a Civil Rights Lawyer or a Real Estate Lawyer if I was evicted from City property with no Notice?

Both sides agree that notice was not given, locks were changed and property was disposed of. City says "licensees" have no rights. At all, but provides no legal theory. Does due process violation take precedent over wrongful eviction & conversion? Or do they all need to be argued?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you were evicted from city property without notice and your property was disposed of, you may want to consult with both a civil rights lawyer and a real estate lawyer, as both areas of law may be relevant to your case.

A civil rights lawyer can advise you on any potential violations of your constitutional rights, such as due process violations, and can help you pursue legal remedies for any civil rights violations.

A real estate lawyer can advise you on the legal aspects of the eviction, such as whether proper procedures were followed and what your rights are as a licensee of the city property. The lawyer can also advise you on whether you have a claim for wrongful eviction or conversion of your property.

It's possible that due process violations may take precedence over other legal claims, but it's important to have an experienced attorney evaluate the specific facts of your case to determine the best legal strategy.

Overall, it's important to act quickly and consult with an attorney as soon as possible to protect your rights and interests.

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