ANSWERS: 6
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I do not know much about rental law, but what comes to mind is that it should have been written in some manner in the lease agreement about the rights of the landlord and notice of such things as this. If it was not, I don't know what legal recourse there is. But if it was somehow mentioned in the lease agreement, it's breach of contract, and you can take action to have them evicted. I don't understand why they would have changed the locks. It was not their property to change the locks to. If they are renters, they should know to contact you and you will change the locks. Are they trying to keep you out? Or are they just inexperienced? If they are trying to keep you specifically out, and it's because of illicit activities, you might have legal recourse to eviction. However, that could backfire on you, so you need to find out what is going on that they changed the locks. If they are doing it just because they like their privacy or their nervous about absolutely anyone having a key to their home, you just might want to have a chat with them - and fix the problem for free this first time. What is comes down to is that you must try to figure out what is going on as much as possible before you act on this. If they have a semi-valid reason for this, deal with it in future contracts and fee assessments, and just fix the problem this time. If not, it's up to you how to handle it, but you want to evict, make sure you have plenty of evidence and can prove any claims you make.
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If your tenant creates a situation where they prevent you from being able to inspect and maintain your property you are well within your rights to gain entry by force. If your tenant does not cooperate with you needing access to the property you can obtain a court order to forcibly enter the property. Even though it's technically your property, it is still their home and they have the right to protect it in any manner that is deemed reasonable without out severely modifying or damaging the property.
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If I were sitting on a jury and a conflict (involving this issue) was brought for my decision, I would most certainly endorse the action of the tenant in changing the locks. The basis for my decision is the principle of conscionability vs. unconscionability. For example, if a contract were signed between 2 parties, and the contract agreed that a tenant's index finger would be chopped off if he did such and such, no court would uphold this agreement; even if signed by the tenant. The reason is that such an agreement is unconscionable. No matter what is written in a contract, the provisions must be conscionable to be valid. A rent-paying tenant conscionably has the right to consider the property his property while the rent is paid. A land lord has no right to trespass. A man could be having sex with his wife in his home or doing any of a countless number of private activities, of which no landlord has any business intruding upon. A violation of such a right to privacy would well be punished by giving the oppressive landlord a horsewhipping. Thus, IMO, no landlord should have keys to open rented property. If a landlord needs to inspect or repair property, this should be done by scheduling a time of access with his tenant. The overriding principle in this matter is love of neighbor as self. Just as the landlord wants to have his privacy, so he must respect the same basic need and desire of his tenant.
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I'm not sure as to what legal recourse you have, but I do have a question of you. When was the last time you changed the locks? How many different tenants have you had since that time? Think about it from their point of view. If I knew that at some point in time any number of people had keys to my home, I would want the locks changed. Yes they should have told you first and I would ask that a copy be given to you and you alone, but for safety reasons I would say that this is actually a win win situation. Just think if anything came up missing when they were gone and anyone besides someone they gave a key to were to break into the home and steal something then as far as they know your the only other person with a key. I personally wouldn't want one if I was a landlord, but that's just me.
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I recently was forced out of an apartment that I lived at with someone, I was not on the lease, but the person I lived with was on the lease and we had a verbal agreement on me living there. He had the locks changed, I still have mail coming there, I also have personal belongings there. What are my rights to recovering such items that still remain.
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Hopefully none.
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