tresspass suite against landlord In the October of 2005, my landlord w/out…

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tresspass suite against landlord
In the October of 2005, my landlord w/out prior notice & w/out entered the basement of my single-unit, family home and filled it w/ his personal belongings for 4 mos. The rental lease does not stipulate that the property rented to me did not include the basement. I was not given any deduction in rent for this time period. Is it too late to file trespass and privacy damages in a civil suit? Additionally, the landlord keeps entering the private gardens of my residence without prior notice to butcher the trees in severe pruning and plant other trees. The most recent events occured in 9/2007 & Jan 2008. To date, some of the trees have not recovered from his severe pruning. I would like to sue for trespass and damages to the aesthetic appeal of the unit.
Would any of these events have merit?

2 thoughts on “tresspass suite against landlord In the October of 2005, my landlord w/out…”

  1. Re: tresspass suite against landlord
    You would have to look carefully at the lease provisions, and absent these it is very interesting.

    Assuming nothing to the contrary in the lease, his action in the basement is a clear violation of landlord tenant laws.

    There is no definitive statute for the right of privacy, so the lawmakers threw in a catch-all phrase that the SOL is 4 years if not covered elsewhere (where there is no SOL covering right of privacy.

    The real problem is proving real damages. My suggestion is to negotiate with him, and get him to agree to no more pruning.

    What is improper pruning to you, might seem normal to a judge or jury.

    My answer to your last question is you do have merit, but there are no damages.

    Robert L. Bennett
    Law offices of Robert L. Bennett
    2117 N. Baker St.
    Bakersfield, CA 93305

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