QUESTION

If my security deposit check doesn't clear, can my landlord come into the house and change the locks?

Asked on Aug 28th, 2015 on Landlord and Tenant Law - California
More details to this question:
If I sign a lease agreement as a tenant and I give the Landlord a check for the security deposit at the same time and that check doesn't clear can he come on to the property and change the locks and come into the house without permission?
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2 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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That would be a no.
Answered on Sep 09th, 2015 at 11:03 PM

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While you are in breach of the lease agreement, a landlord is not entitled to use self help. ?You have to be given a three day notice. ?I suppose the landlord could argue that there never was a binding agreement as you never put down the security deposit [why are you trying to skirt the truth you gave him a bum check], but i think a court would still say you have to be given a three day notice followed by an unlawful detainer, which case you will lose. ?Depending on your state laws, you may be entitled to damages for an unlawful eviction, but once the landlord follows the law and gets an unlawful detainer judgment, it will harm your credit rating and make most future landlords refuse to rent to you. ?It might be better to work out a compromise with the landlord as to a date when you have to move out in return for no formal eviction.
Answered on Sep 02nd, 2015 at 1:47 AM

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