QUESTION
Is is possible to sue my landlord for a police raid caused by one of their children?
Asked on May 25th, 2016 on Landlord and Tenant Law - California
More details to this question:
So me and my family have rented a house from my godparents for about 10 years. around 3 years of living in the house, we where raided one early morning before school. the police had a warrant, and all appropriate legal action dealing with the police was settled. the warrant was for one of the landlords children who hasn't live in the house in some time but still regularly had his mailed sent to the address. the raid physiologically scared us, my sister has been ripping chunks of hair out of her head since the incident(she was around 8 years old at the time and had a gun pointed to her face). my mother was arrested and spent some months in jail, this placed a financial burden on us and forced us to close the kitchen my father had. we, or at least i never heard any form of apology from them and I've always wanted to look into whether there where any legal action i could take against them but never did so out of my mom's idea that they're family. Now years after the incident the landlords/godparent told us they wanted us out of the house within two months, one month originally but my parent managed to convince them for an extra month as we attempt to find a new place to live. I want to know if there is anything i can do against them, i feel like all that's happen is wrong and they're just playing on my parent good nature to screw them over.
1 ANSWER
Each type of behavior that results in an incident that a suit can be filed has a time limit in which suit must be filed. For a minor, normally it is held in abeyance until that person reaches the age of 18. Whether you are suing for negligence or breach of the contract for quiet enjoyment of your living quarters, 7 years is well past the statutes. In any case, what did the landlord do wrong? Allowing an adult child to receive mail there is not a wrong [I assume other people lived there than your family and your parents had asked that the mail not be delivered there]. If your mother was jailed for months, she must have done something, such as hitting one of the officers. That is not the fault of your godparents; they could not anticipate that would occur. Your loss of income was a result of your mother's behavior and not the godparents. The police normally do not stick a gun to the face of an eight year old, and in 7 years she should have recovered basically. Your parents should have been given a 60 day notice to move as the law increases the normal 30 days to 60 if the person has been a tenant there for a year or more. So they may have to re-serve your parents. It seems to me that you have a long term grudge against them and are looking for some way to harm them. You don't have a remedy. ?You need to get over the incident and progress in your life.
Answered on Jun 20th, 2016 at 7:20 AM