Landlord-Tenant Lockout Issue

[Tko2520]

I am/was renting a room from a friend of mine up until last week when he went postal for God only knows what reason and locked me out of the house. He has since changed the alarm codes and made himself impossible to reach via phone or email. I still have a key to the house and I want to know what will happen to me if I just go ahead and use it, setting off the alarm etc... in the process, to get my belongings. I would go while the homeowner is there but he has threatened my person if I do so. This is in Contra Costa County California and the local PD and Sherrifs say that they will not do a stand by if I try to go while the homeowner is present.

[Bearcat06]

It's a civil matter not a criminal matter. Get a lawyer.
If you go there and break-in (since you don't know the alarm code, that's what your doing) while he's not home, you will more than likely go to jail.

[Bearcat06]

I disagree. If a person has a lawful right to occupy a dwelling--they have established residence there and they pay rent--then it's generally understood that they can lawfully continue to enter and occupy that dwelling unless and until they are evicted by a court order or the termination of a lease by mutual agreement or the terms of a previously agreed-upon lease.
There is definitely grounds for a civil suit against any landlord that wrongfully denies a person entry into premises that they have a right to enter, and there is also generally nothing that a landlord can lawfully do to prevent such an entry.

Well....not around here. Our State Prosecutor has stated that it's a civil matter and if someone goes ahead and tries to get into a house like that, and the other person wants to press it, he will file on them......
Not saying that's right or wrong....just what goes on around here.

[ChesCopPodz]

VA says that if it's your residence, you can do whatever the hell you want to it. If that means breaking a window to get in, so be it. If it means you want to bring a wrecking ball through the wall to get in, you can do it. Just make absolute sure that it is still your residence. What it sounds like is that you have moved out and are just trying to get back in to get the rest of your stuff, then you can't break in. You need a court order. If you still consider yourself a resident and it's your address, you can do what you want.

[Deputy757]

This is an issue that will, more often than not, get you many varied replies from different LE officers. Locality is a major factor as demonstrated in the responses so far. Our courts have been holding that if you are simply staying with someone for a short duration, there is no lease involved, you have no bills in your name for things like water, heat, phone, etc., then you are not a resident of that dwelling and can be kicked out whenever the legal resident decides to do so. Obviously, the more factors named above that are different, the better your odds are on having some protection under the Landlord-Tenants Act.

[DeltaV]

If you're renting from him, he can't legally throw you out without going through the eviction process. You have a civil case against him for doing so. As far as going back and setting off the alarm, if you showed me some proof that you are a resident of the house, I would let you go about your business.

[Tko2520]

Does paying rent, with or without a written lease, in any way negate the "simply staying with someone" status?

[samseed101]

Here in Maine, you would be able to enter the residence legally. Depending on the seriousness of the situation, an officer may or may not stand by.

[Legoate]

It's a civil matter not a criminal matter. Get a lawyer.
If you go there and break-in (since you don't know the alarm code, that's what your doing) while he's not home, you will more than likely go to jail.

I'd disagree. If you have established residence in the home, which it appears you have if you are paying rent and have moved in....you cannot be locked out without being formally evicted. You have the right to enter the home. I would probably call the police first so they know you will be entering the home and setting off the alarm, otherwise you might have a K9 visitor at some point while moving out.
I'd also definitely have some proof of your claim of residency if the police show up. Cancelled rent checks, mail to that address....that sort of thing.

[121Traffic]

Same here in Colorado...if you were still in fact claiming it as your residence when your roomie changed his tune, you have a legal right to be there. Even if the "lease" was only verbal in nature, your stuff is there, and there was a mutual agreement that the room is your "dwelling". Significant actions and circumstances dictate this. You have a key, people have reached you at this address, maybe you've gotten mail there...all this constitutes residency. Landlords/Renters have specific steps they must follow for denying entry to a tenant. While what he is doing is not criminal in nature, and the matter IS civil, what we would do here is arrange a time for both parties to be present and we would respond for a civil standby of no more than 15 minutes. If a longer time is required, you are going through the courts.

[121Traffic]

Wish I could add...

If, however, you decide to get back at your roommate by damaging belongings, furniture, etc., your entry and presence on the premises is now unlawful. We now have maybe Criminal Mischief (Destruction of property), Disturbing the Peace, maybe wiretapping if you mess with the phone at all...know what? You are now charged with Criminal Trespass at the least, Burglary at the worst. BOTH are felonies....tread carefully here.

[Bearcat06]

I'd disagree. If you have established residence in the home, which it appears you have if you are paying rent and have moved in....you cannot be locked out without being formally evicted. You have the right to enter the home. I would probably call the police first so they know you will be entering the home and setting off the alarm, otherwise you might have a K9 visitor at some point while moving out.
I'd also definitely have some proof of your claim of residency if the police show up. Cancelled rent checks, mail to that address....that sort of thing.

Like I stated above.....it's not my opinion, it's just the way we are told to do things around here.....
Now, if it's a case of a domestic victim wanting to get his/her stuff out, then yeah, he wouldn't file on them and we would do a stand by. Did one a couple of weeks ago.
I am not sure what the difference is but that's what we have to work with for now.... :rolleyes:

[Tko2520]

Wish I could add...

If, however, you decide to get back at your roommate by damaging belongings, furniture, etc., your entry and presence on the premises is now unlawful. We now have maybe Criminal Mischief (Destruction of property), Disturbing the Peace, maybe wiretapping if you mess with the phone at all...know what? You are now charged with Criminal Trespass at the least, Burglary at the worst. BOTH are felonies....tread carefully here.

DEFINITLEY not my style! I just want some clean skivvies and my dang deodorant!! Being locked out sans notification can leave a girl with little to wear! :-)

[Johninaustin]

We do standbys here. Your situation is a lot more common than you may realize.

[Star]

Have you tried getting a deputy to go there with you to get your belongings?
Here, that would be illegal for him to lock you out without giving you proper notice to vacate. He would have to go to the Courthouse, pay a fee for proper eviction and have it served on you. That process takes a good two months here. Plus it's up to him to count the days on the notice and then contact the Sheriff's Department to evict you physically from the dwelling.