Legal Question in Real Estate Law in California

After I was removed by the Sheriff with a writ of possession, my landlord allowed me to remain on the property until the property was sold. The property is a commercial yard with an apartment above the office. I paid the landlords representative ( a realtor ) $10.00 per hour during business hours for the last 4 months while continuing to conduct business. Does my landlord have to start a new eviction process?


Asked on 4/30/14, 3:35 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You're not supposed to re-enter or remain on the property after the sheriff has served you with a writ of possession. That's criminal trespass. Paying someone other than the landlord does not make it alright.

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Answered on 4/30/14, 10:21 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Hmmmm, I'm not sure the previous answer is totally correct. I doubt it's criminal trespass to remain on the property after eviction IF you have the property owner's permission, whether you received the permission directly from the owner or via someone acting in the capacity of an agent for the owner. However, even though you are not a trespasser (in my opinion), neither are you a tenant! You are perhaps a licensee, possibly a guest although the fact that you are paying something lessens this possibility. In either case, I believe you can be asked to leave at ANY time and must do so within a reasonable time thereafter or you'd become a trespasser. IMHO, the landlord does not need to go through an eviction process to remove you this time around. However, until asked to leave, you probably aren't committing criminal trespass.

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Answered on 4/30/14, 1:54 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. Whipple just stated the most flawed hokey theory of agency that I have ever read. Once the principal evicted you with lawful process, you cannot rely on a theory of agency to claim that the agent was acting legitimately on behalf of the principal.

Of course it is criminal trespass, and don't kid yourself. It is a violation of Penal Code sections 419 and 602.

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Answered on 5/01/14, 7:05 am


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