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Updated almost 6 years ago, 01/08/2019

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Sandra Koen
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3
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Is this legal for my landlord to do?

Sandra Koen
Posted

Long story short, I’ve been back and forth with my landlord for months. I rent half of a private home. I was late on rent (but still paying) and asked to move out because my lease was up. I was unable to leave right then and was served a 3 day notice. I couldn’t leave yet and because they couldn’t afford to file the eviction paperwork, they didn’t. Instead they did a partial lock out where they changed the locks and locked me out of half of the unit (meaning half of the half that I rent). I still have the bedroom bathroom and a tiny den room with a sliding glass door which is my only way to get in and out and I cannot lock the door to secure my belongings.  I was told by an eviction attorney that this was illegal/self help eviction but landlord doesn’t care. Landlord has been harassing me with text messages, nasty letters on the door demanding I get out. 

Because of the lock out I stopped paying rent to force them to file an unlawful detainer so we could take the matter to court. 

Today they put a 30 day “change of lease” notice on my door claiming that my hallway, bathroom will be shared spaces and that my only access to the unit will be the sliding class door. It seems they intend to rent out the unit to someone else while I’m still here and make me share it but still charge me the same amount of rent. 

Is this legal? Can a landlord rent my unit while I’m still living here and make me share it? Our lease says the lease can be amended at the agreement of “the parties” but I didn’t agree to it. Is this another self-eviction tactic? I’m in the state of California. 

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