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Carsonlandlordinformation PDF

The document outlines the involvement of police in landlord-tenant disputes, detailing specific scenarios such as criminal activity, disturbances, illegal evictions, and harassment. It also explains the legal implications for landlords who unlawfully enter a tenant's property, including potential criminal charges and civil liabilities. Additionally, it provides resources for tenants in San Luis Obispo, California, including legal assistance organizations and the rights tenants have under California law.

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0% found this document useful (0 votes)
8 views6 pages

Carsonlandlordinformation PDF

The document outlines the involvement of police in landlord-tenant disputes, detailing specific scenarios such as criminal activity, disturbances, illegal evictions, and harassment. It also explains the legal implications for landlords who unlawfully enter a tenant's property, including potential criminal charges and civil liabilities. Additionally, it provides resources for tenants in San Luis Obispo, California, including legal assistance organizations and the rights tenants have under California law.

Uploaded by

brandiburchell
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Police officers typically get involved in landlord-tenant issues under specific circumstances, such as:

​ 1.​ Criminal Activity – If there is illegal activity occurring on the property, such as drug use,
domestic violence, trespassing, or harassment.

​ 2.​ Disturbance of the Peace – If a landlord or tenant reports a dispute that escalates into a
verbal or physical altercation.

​ 3.​ Illegal Lockouts or Utility Shutoffs – If a landlord tries to evict a tenant without following
legal procedures, such as changing the locks, shutting off utilities, or removing belongings without a court
order.

​ 4.​ Trespassing Complaints – If a tenant is lawfully evicted but refuses to leave, the landlord
may call the police to enforce the eviction order. Similarly, if a landlord unlawfully enters a tenant’s unit
without proper notice or consent, a tenant may call the police.

​ 5.​ Court-Ordered Evictions – Police may assist in enforcing an eviction order issued by a court.
However, landlords cannot evict tenants by force without a legal process.

​ 6.​ Threats or Harassment – If either the landlord or tenant is being threatened, stalked, or
harassed, the police may step in to prevent harm.

Police officers generally do not intervene in non-criminal disputes, such as unpaid rent, lease violations,
or maintenance issues. These matters are typically handled in civil court. If you’re facing a
landlord-tenant issue, it may be helpful to consult a local housing authority or an attorney. Would you like
state-specific information on your situation?

If landlord kicks tenants door in?

If a landlord kicks in a tenant’s door, this is likely illegal and could be considered criminal damage,
harassment, or even breaking and entering, depending on state laws.

Legal Implications for the Landlord:

​ 1.​ Criminal Charges: The landlord could face criminal mischief, destruction of property,
trespassing, or unlawful entry charges.

​ 2.​ Civil Liability: The tenant may sue the landlord for damages, including the cost of repairs,
emotional distress, or other losses.

​ 3.​ Illegal Eviction: If the landlord is attempting to remove the tenant without a court order, this
is an illegal “self-help” eviction, which is unlawful in most states.

What Can the Tenant Do?

​ •​ Call the police – Report the damage and file a police report.
​ •​ Document everything – Take pictures of the damage and keep records of communications
with the landlord.

​ •​ File a civil lawsuit – The tenant may be able to sue for damages, including repair costs and
possibly additional penalties under landlord-tenant laws.

​ •​ Contact local housing authorities – Many states have tenant protection laws that could help
in this situation.

Would you like help finding state-specific tenant protections?

The tenant may be able to sue for damages, including repair costs and possibly additional penalties under
landlord-tenant laws. What could those be?

If you’re seeking legal assistance and tenant resources in San Luis Obispo, California, here are several
organizations that can help:

San Luis Obispo Legal Assistance Foundation (SLOLAF)

​ •​ Address: 3232 S. Higuera St., Suite 101D, San Luis Obispo, CA 93401

​ •​ Phone: (805) 543-5140

​ •​ Email: info@slolaf.org

​ •​ Website: https://www.slolaf.org/

​ •​ Services: SLOLAF provides free legal assistance to eligible San Luis Obispo County residents
in areas including tenant rights, eviction defense, fair housing/discrimination, habitability issues, and
accessibility/reasonable accommodations.

California Rural Legal Assistance, Inc. (CRLA) – San Luis Obispo Office

​ •​ Address: 1880 Santa Barbara Ave, Suite 240, San Luis Obispo, CA 93401

​ •​ Phone: (805) 544-7994

​ •​ Email: info@crla.org

​ •​ Website: https://www.crla.org/

​ •​ Services: CRLA offers legal assistance on housing matters, including landlord-tenant


disputes, eviction defense, and housing discrimination.

San Luis Obispo County Law Library

​ •​ Address: 1050 Monterey St. Room 125, San Luis Obispo, CA 93408
​ •​ Phone: (805) 781-5855

​ •​ Website: https://www.slocll.org/

​ •​ Services: The Law Library provides resources and referrals for legal assistance, including
landlord-tenant issues.

San Luis Obispo County Superior Court – Self-Help Center

​ •​ Address: 1035 Palm Street, Room 385, San Luis Obispo, CA 93408

​ •​ Phone: (805) 781-5856

​ •​ Website: https://www.slo.courts.ca.gov/self-help

​ •​ Services: The Self-Help Center offers assistance with legal forms and procedures, including
those related to landlord-tenant disputes.

Before reaching out, it’s advisable to gather all relevant documentation related to your situation, such as
your lease agreement, any communications with your landlord, and evidence of the incident. This will
help the legal aid organizations assess your case more effectively.

If you need further assistance or have additional questions, feel free to ask.

If the state is California what is covered from the above Information?

In California, tenants have strong legal protections under state landlord-tenant laws, including the
California Civil Code (CCC) § 1940-1954.05 and the Tenant Protection Act. If a landlord kicks in a tenant’s
door, the tenant may have several legal claims, including:

1. Property Damage & Repair Costs

​ •​ Under California Civil Code § 1941.1, landlords must maintain a habitable rental, including
secure doors.

​ •​ If the landlord damages the unit, they must repair it at their own expense.

​ •​ If the tenant pays for repairs, they may deduct the cost from rent (California Civil Code §
1942).

2. Illegal Eviction Penalties (California Civil Code § 789.3)

California law strictly prohibits self-help evictions, including damaging a tenant’s property to force them
out.

​ •​ Penalty: The tenant can sue for up to $100 per day, or $250 per violation, plus actual
damages.

​ •​ If the landlord forces the tenant out, they may owe the tenant three times the rent in
damages.

3. Breach of Quiet Enjoyment (California Civil Code § 1927)

​ •​ Tenants have a right to peaceful enjoyment of their home.


​ •​ If the landlord’s actions disturb this right (e.g., breaking in or damaging the door), the tenant
can sue for monetary damages.

4. Constructive Eviction Claim

​ •​ If the damage forces the tenant to leave because the unit is unlivable, they can claim
constructive eviction, terminate the lease without penalty, and potentially sue for relocation costs.

5. Harassment & Retaliation Penalties (California Civil Code § 1940.2)

​ •​ Landlords cannot use force, threats, or damage to intimidate tenants.

​ •​ The tenant may sue for up to $2,000 per violation plus additional damages.

6. Emotional Distress & Potential Lawsuits

​ •​ If the landlord’s actions cause distress, fear, or harm, the tenant may file a civil lawsuit for
emotional distress and punitive damages.

7. Attorney’s Fees & Court Costs

​ •​ Under California law, if the tenant sues and wins, the landlord may have to pay their legal
fees and court costs.

What Can a Tenant Do?

​ •​ Call the police and file a report for property damage and trespassing.

​ •​ Document the damage (photos, videos, written statement).

​ •​ Send a written demand for repairs and damages.

​ •​ Sue in small claims court (for damages up to $12,500).

​ •​ File a complaint with California’s Department of Consumer Affairs or local tenant protection
agencies.

Would you like help finding local legal aid or tenant resources?

If you’re seeking legal assistance and tenant resources in San Luis Obispo, California, here are several
organizations that can help:

San Luis Obispo Legal Assistance Foundation (SLOLAF)

​ •​ Address: 3232 S. Higuera St., Suite 101D, San Luis Obispo, CA 93401

​ •​ Phone: (805) 543-5140

​ •​ Email: info@slolaf.org

​ •​ Website: https://www.slolaf.org/

​ •​ Services: SLOLAF provides free legal assistance to eligible San Luis Obispo County residents
in areas including tenant rights, eviction defense, fair housing/discrimination, habitability issues, and
accessibility/reasonable accommodations.
California Rural Legal Assistance, Inc. (CRLA) – San Luis Obispo Office

​ •​ Address: 1880 Santa Barbara Ave, Suite 240, San Luis Obispo, CA 93401

​ •​ Phone: (805) 544-7994

​ •​ Email: info@crla.org

​ •​ Website: https://www.crla.org/

​ •​ Services: CRLA offers legal assistance on housing matters, including landlord-tenant


disputes, eviction defense, and housing discrimination.

San Luis Obispo County Law Library

​ •​ Address: 1050 Monterey St. Room 125, San Luis Obispo, CA 93408

​ •​ Phone: (805) 781-5855

​ •​ Website: https://www.slocll.org/

​ •​ Services: The Law Library provides resources and referrals for legal assistance, including
landlord-tenant issues.

San Luis Obispo County Superior Court – Self-Help Center

​ •​ Address: 1035 Palm Street, Room 385, San Luis Obispo, CA 93408

​ •​ Phone: (805) 781-5856

​ •​ Website: https://www.slo.courts.ca.gov/self-help

​ •​ Services: The Self-Help Center offers assistance with legal forms and procedures, including
those related to landlord-tenant disputes.

Before reaching out, it’s advisable to gather all relevant documentation related to your situation, such as
your lease agreement, any communications with your landlord, and evidence of the incident. This will
help the legal aid organizations assess your case more effectively.

If you need further assistance or have additional questions, feel free to ask.

https://www.slolaf.org/?utm_source=chatgpt.com

https://www.lawhelpca.org/organization/california-rural-legal-assistance-inc-san-lui/housing/la
ndlord-and-tenant-issues?utm_source=chatgpt.com

https://www.slocll.org/self-help-2/legal-help/?utm_source=chatgpt.com

https://www.slo.courts.ca.gov/system/files/6-dec-2021-tenant-landlord-self-help.pdf?utm_source=
chatgpt.com

https://slochamber.org/slo-legal-assistance-foundation-provides-housing-related-services-for-low-
income-residents/
https://www.justia.com/lawyers/landlord-tenant/california/san-luis-obispo-county/legal-aid-and
-pro-bono-services

https://www.slo.courts.ca.gov/system/files/6-dec-2021-tenant-landlord-self-help.pdf

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