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Can I change the locks on someone still paying rent?
One of my roommates moved out due to irreconcilable differences, but kept the keys. He agreed to keep paying rent until we find someone else to move in. Our management company does not allow "subleasing" and therefore, his name will still be on the lease until it expires in September, even if we get a new roommate. He refuses to give up the keys because his name is on the lease, but it will remain that way anyways so I'm considering changing the locks. Frankly, I don't want him having access to our apartment because I don't trust him at all and there are times when there is no one in the apartment to keep an eye on it. Can I legally change the locks on him, while he is still paying rent? I know it's a long shot, but I'm afraid of what he could do to the place while we're not here. We live in Chicago if this helps.
Yes, my name is on the lease, as is the third roommate still occupying the space.... I am not an idiot.
12 Answers
- Matt PLv 41 decade agoFavorite Answer
First of all, don't listen to some of these people, like whoever said lie to the landlord about some missing key. You need to speak with the managing company and explain to them that you need to alter/adjust your lease. THIS IS LEGAL AND POSSIBLE. They may or may not work with you depending upon the surrounding circumstances. But to answer your question, anyone on a lease has a right to keys, even if they are NOT paying rent. Good Luck.
- thylawyerLv 71 decade ago
By what legal right are you in the apartment? It sounds like you are trespassing, and changing the locks would be a criminal act (conversion of the space to your personal use). If you and the other person(s) using the apartment are on the lease, there is no problem, but that's not what it sounds like.
I would suggest asking management to let you take over the lease or to terminate his lease and put you on a lease for the balance of the term or your own term.
If you are students and going to leave anyway, it may not make much difference. These do-it-yourself rental situations without benefit of legal counsel are always dangerous.
- Anonymous1 decade ago
If his name is on the lease and he is paying rent, then he has a legal right to enter the apartment anytime he pleases. It makes absolutely no difference if he actually lives or receives postal mail there, or if any of the utility bills are in his name. Thus, no, it is illegal to change the locks and you will lose if he challenges this in court or goes to the police.
You need to talk to the management company about taking his name off the lease (this will mean he must relinquish his keys, and he is no longer responsible for rent).
- smedrikLv 71 decade ago
No that is called a contructive eviction. Even if he is no longer living there, he still is allowed access becuase he is on the lease and paying rent.
If he really wants to be petty he could sue you for a great deal of money. I sued my landlord (successfully) for $8,000 for a constructive eviction (in Ontario). I was not residing there at the time, however was paying rent and in the process of decontaminating (has a bed bug infestation my landlord was refusing to take action on). About $3,000 of the settlement was punitive damages for the constructive eviction.
What you can do is put a lock on your door, keep your belongings lock in "your space". Likewise there is nothing stopping you from installing a nanny cam type device to keep an eye on the place while you are not there.
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- wizjpLv 71 decade ago
Sure you can. Write up a note to the landlord advising him a key may have been stolen to the apartment, and you are going to change the locks; send him whatever you are required to send (probably a copy of a key in case he has permission to enter) give the residents one, and put one on a tag for the missing roomie, for when he picks it up.....
But technically, if he is paying rent, he has the right to enter. All this will do is limit him a bit for a while
- 1 decade ago
If he is still on the lease, and still paying rent, and still legally responsible for the property if you all were to just go buck wild and damage it... You cannot legally change the locks on him. Think of things from his side, you guys could totally trash the place and he would legally be responsible just as anyone else on the lease.
- helgesonLv 45 years ago
community guidelines are very certain through state besides as locality related to what can and could not be performed in those activities. maximum states in spite of the undeniable fact that do not provide help to easily take the belongings back through locking out a tenant. this may get the owner in severe warm water. maximum in all danger you'll go with to get them evicted. If it is your first eviction i'd seem for both a real belongings lawyer who's acquainted with evictions or a landlord association that knows a thanks to handle evictions on your section. do not get a monotonous lawyer to handle this for you as some localities have very certain procedures issues go with to be performed. some examples contain a waiting era earlier you are able to service a observe to pay or stop. some states (like PA) enable a tenant to waive their accurate to stop. Others require 3, 5 or 10 days earlier you are able to border of mind the tenant. some states require the interest to be revealed on the belongings at the same time as others provide help to deliver it interior the mail. Very certain issues right here. one which a sturdy real belongings lawyer who's versed in evictions will understand. stick with via inclusive of your lawyer in this also. Use the journey as a studying one which way you'll understand what to do the subsequent time some thing like this occurs. ultimately, purely as a facet observe, under no circumstances enable a tenant flow right into a belongings until eventually each thing is paid. As a landlord I require all funds to be in finished for deposits and time-honored months employ earlier to a tenant shifting in. If we are very close to to the flow in date (less than 10 days) I require a funds charge. in the adventure that they provide me the money better than 10 days out i visit settle for a verify. in ordinary words after the verify clears (or i'm getting the money) are the keys grew to develop into over to the tenant for flow in. sturdy success!
- Kevin CLv 51 decade ago
If he is on the lease and paying rent then he has every legal right to have access to the apartment. If you don't want him to have access, start paying his part of the rent.
- meekamikkaLv 51 decade ago
you can change them, legally you may not be able to prevent him from getting a copy of the keys but doesnt mean you cant change the lock anyway. And if you do you will be able to tell if he is trying to get in. That way you can at least be prepared if he is.