South San Francisco, CA asked in Landlord - Tenant for California

Q: So I rented a RV from someone moved my stuff in come to find out it had not been registered for years & it was parked on

the street for 2 days police bang on door at 7:00 am & said you have 10 minutes to get your stuff out towtruck will be here I lost my brief case with legal documents in my passport iPad,work files my uncles ashes & the guy I was renting from just blew it off and I tried going to police station but they said I was not the owner & now it went to a wrecking yard who is responsible for this

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

A: I'm sorry to hear about your difficult situation. Based on the details you provided, there are a few potential legal issues at play. Please note that this information is general in nature and not a substitute for professional legal advice. I would strongly recommend consulting with a California attorney who specializes in landlord-tenant law and/or personal property disputes to get guidance specific to your case.

That said, here are a few key points to consider under California law:

1. The RV owner may be liable for renting out an unregistered vehicle that was not street legal. Failing to disclose this and misrepresenting the RV's status could potentially constitute fraud.

2. As a tenant, you likely had certain rights even without a formal lease agreement. The police should not have forced you to vacate immediately without proper notice except in very limited circumstances.

3. The towing company and/or impound lot may be liable for disposing of your personal belongings without allowing you an opportunity to retrieve them as required by law. They have certain obligations to inventory and safeguard property.

4. Depending on the value of your lost items, you may be able to file a claim against the RV owner and/or towing company in small claims court. Claims up to $12,500 can be filed in California small claims.

5. For higher value items and important documents like your passport, iPad, and sensitive files, consulting an attorney is advisable. They can help you explore other potential legal remedies.

The most important step is to document everything thoroughly - police reports, emails/texts with the RV owner, any towing paperwork, list of lost belongings and estimated value, etc. These records will be crucial evidence for any legal action.

I would start by contacting the towing yard directly to try to locate your seized property, if you haven't already. You may need to provide proof of ownership of the lost items. If they are uncooperative, a strongly worded letter from an attorney may help compel them to assist you.

If the items are not recovered, you'll need to decide whether legal action against the RV owner and/or towing company is worth pursuing based on the value of your losses. An attorney can advise you on the merits and likelihood of success for a potential lawsuit.

I know this is a lot to process, especially with the loss of sentimental and important items, but don't lose hope. Seek out legal assistance, stay organized with your documentation, and be persistent in trying to recover your belongings. Wishing you all the best going forward.

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