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Can tenant lock out the landlord?
by Adriana (NYC )
on August 4, 2012 @12:05
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About 2 months ago my parents rented their basement apartment to a 23 yr old college student. The basement has 2 entrances- one outdoor entrance that leads to the street and another internal entrance through the laundry room on the other side of the basement level. The boiler room and gas switches happen to be inside the basement apartment so when the new tenant moved in, she was explicitly told, "we may need to access the apartment in case of an emergency, and if the boiler breaks down, etc".
My parents have always had strong tenants and this 23 yr old checked out (good job, good rent history, references). To boot, she is always in school or at work so the place is usually empty.
When she moved in, my parents discovered the new tenant changed the locks and bolted the interior entry door that opens to the laundry room it did not have a lock from the tenants side, the laundry room has another door that leads up the stairs to the house which also has a lock.
When my parents attempted to confirm the doors were locked, the tenant threatened to call the police, and said she felt her privacy was being violated. She them told my parents she was vacating in a month and to use her 1 months security deposit as last months rent. A large argument ensued where she completely flew off the handle and accused my parents of illegal entry..(which is false, my parents are rarely home and have no interest in checking the basement unless they need to access the boiler room area).
My parents are besides themselves..their English isn't very good so they asked me to intervene..they want me to write her a letter confirming she plans to vacate...
My problem is..was she allowed to change the locks and boot the interior door? This is the first time they had had a "problem" tenant, and refuse to let her keep living there if they are refused access to the boiler room and electrical/gas switches...fact is, my parents are worried she may burn the house down as some type of vendetta..
What should they do?.
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Re: Can tenant lock out the landlord?
by Mark
on August 4, 2012 @12:19
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23 yr old checked out (good job, good rent history, references)....she may burn the house down as some type of vendetta..
Sure she will! That's what 23 year old female tenants with good a job,good rent history and referances do!!!
You have access thru the outside entrance door. The tenant must feel that someone is entering thru the inside doors for the need to put a lock on them. Did the landlord give notice of entry for entering? Is this a legal apartment? Does'nt sound like it. Why is she a problem tenant for wanting privacy that she feels your parents were violating? Your parents can not refuse to let her live there, she has a lease or rental aggreement. Your best bet is to let her go and then learn the landlord tenant laws for your State and City.
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Re: Can tenant lock out the landlord?
by Betty L.
on August 4, 2012 @13:44
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This is what happens when the tenant reports you for an illegal basement apartment. The inspector comes to your house, if indeed the apartment is determined to be illegal, you are fined twice: minimum of $5000 by Dept of Buildings and another fine by ECB court. You are issued an ECB violation, which to get dismissed you either have to file with the Department of Buildings to reverse back to the conditions that match the C of O, or file a legalization application with Dept of Buildings to legalize the apartment, along with paying fines. very costly!
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