Tenant locked my parents out! - Landlord Forum thread

Tenant locked my parents out! by Adrianne (NY) on August 6, 2012 @10:30

I didn't like your rude responses earlier, so I'm reposting. Please no more rude comments:

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: Tenant locked my parents out! by Jake on August 6, 2012 @10:39	[ Reply ]

What should they do? They should let the tenant go in a month as planed and stop renting the basement. It is illegal and will get them into big trouble with the city. Already they have a psycho downstairs. Next, they will be in court emptying out their pockets to a tenant. Then there will be fines from the city and the fire department. This is your problem. Not the changing of locks or booting of the door. Just because everyone else in the neighborhood rents out illegal apartments it does not mean it is a good idea.

Re: Tenant locked my parents out! by Nicole (PA) on August 6, 2012 @11:16	[ Reply ]

not sure I'm getting this story correctly. Why would your parents need access to the boiler room in August? Last week, you posted that your dad wanted to give the tenant a light bulb. You say in this post that the tenant wants to leave and further down you say your parents don't want her there so what is the question? To your question, was she "allowed" to change the locks and bolt the door, the answer is no but she did. If she wants to leave, they need to allow her to leave. I don't see what the issue really is ... why would they want a "problem" tenant. as to the others who were "rude" by telling you that an illegal apt is illegal, seems to me they were doing you a favor by giving you a heads up as to the problems that may arise.

Re: Tenant locked my parents out! by OK-LL on August 6, 2012 @11:44	[ Reply ]

"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,... my parents are rarely home and have no interest in checking the basement unless they need to access the boiler room area)." So you are saying the basement apartment had an unsecured door to the laundry, which the tenant secured for her own safety. Yes, she is allowed to do that. Furthermore, LLs do not have unfettered access to rental property. Access is fettered by notice IAW state law and reasonable intentions required thereby, and provisions of the lease. If the LL has not clearly defined the access issue in the lease, he cannot exercise it except in case of an emergency threatening the safety or welfare of the tenant or others. It is a bad practice to place a common access or master access inside a tenant apartment. The LL should find a way to exclude the boiler room and gas switches from the tenant's apartment to ensure he has access without invading the tenant's rented space. If this cannot be done, then the lease should clearly address the issue of access in writing so that all parties acknowledge and agree on access and restrictions. At this point, your parents should let this tenant leave; then correct the boiler room and gas switches access issue, & their lease, going forward.

Re: Tenant locked my parents out! by Jannie (IL) on August 6, 2012 @11:55	[ Reply ]

There isn't a problem now, since the tenant wants to go. Let her go. fix the door problem in some way so tenant has security and privacy and the LL has access to the boiler/electric.

Re: Tenant locked my parents out! by Anonymous on August 6, 2012 @12:10	[ Reply ]

You have an ILLEGAL BASEMENT APARTMENT, you have violated the law in having one, you have violated your tenants privcy, you do not know what you are doing or the law, and yet you want your actions verified as correct! Your story keeps changes! Why did your Dad not use the EXTERIOR DOOR for access to the boiler room? He could have left the light bulb outside the exterior door also. Something is not right with your story???

Re: Tenant locked my parents out!

Re: Tenant locked my parents out! by Fred (MN) on August 6, 2012 @13:07	[ Reply ]

The tenant is willing to leave so the solution is simple: let the tenant vacate and stay out of their hair as much as possible (I'd have her sign the appropriate paperwork for an early term on the lease). The situation is not ideal, but there is some fortune in that you have the possibility of getting out of this with minimal pain, assuming they vacate as planned and leave the property in decent condition.