changing locks - Landlord Forum thread 323559

changing locks by Anonymous on August 29, 2014 @16:01

The tenant paid for the entire month of August, but moved out mid month, left the key on the counter, and refused to sign the paperwork regarding a move out pre-inspection. I changed the locks and the tenant went to pick up any mail and stated that since I changed the locks, I owe him a rent refund for the days he could not access the property.

The tenant had been a real jerk about the open houses I had planned and the whole move out situation. Do I owe him a rent refund?

[ Reply ] [ Return to forum ]

Re: changing locks by Jed (CA) on August 29, 2014 @16:36	[ Reply ]

Correct Title - Do I owe tenant a rent refund

Re: changing locks by Nicole (PA) on August 29, 2014 @17:02	[ Reply ]

don't know a CA legal answer but morally, you owe him. Rent is paid and he has no access. Of course, there is then the question of how did he know the locks were changed if he returned the key? Personally, I'd have been a HUGE jerk about open houses in a place I live in.

Re: changing locks

Re: changing locks by Bill on August 29, 2014 @18:54	[ Reply ]

Actually, the tenant probably owes you rent for September if he did not provide you with proper notice. Did he give you a written notice? You did exactly the right thing to change the locks and not let him back in. The tenant has moved and surrendered the key thus given you possession, he is not entitled to access the property...period. Make sure the deposit completely funds a full and through cleaning and that all repairs are made from it. The cleaning includes the carpet. Charge for mowing and lawn care too. Be sure to keep receipts for all cost and work done. Also, be sure to get the security settlement deposit statement out by certified mail and as required by the time limits of your state law.

Re: changing locks

Re: changing locks by Jed (CA) on August 29, 2014 @19:20	[ Reply ]

California law and the terms of the lease allow for showing of the property to prospective tenants. You are right about returning the key, he obviously made copies of the key, which is why I always change the locks when a tenant moves out.

Re: changing locks by Garry (Iowa) on August 29, 2014 @19:39	[ Reply ]

No, you do not owe him a refund of partial rent if he admits to leaving his key on the counter for you. By returning a key, that is the accepted way of returning possession back to a LL. If rent is paid for a full month, a T has a legal right to possession for that month. But if he,alone, decides to give back possession early, he's not entitled to a refund, unless you BOTH agree to it. However, he WOULD be entitled to a refund if the LL accepted rent from a new tenant for those same 2 weeks that the T vacated early. That's because a LL cannot collect 2 rents for the same space for the same time period from 2 different Ts. Once you get possession, you have every right to change the locks.

Re: changing locks by Anonymous on August 30, 2014 @18:56	[ Reply ]

Did the tenant put it in writing, thirty days before he moved out? If he did not, do not worry about what he has stated. The tenant needs to let the post office know he has moved as well.... Next time, you get a firm date in writing, even if the tenant can only scratch it on the back of a napkin. It avoids the hard feelings this way. I just hate to tell people this, but most states are term states, meaning you rent it for at least a month. (Not like renting a motel room, which can be for one day) It is also professional courtesy for both parties to communicate the exact moveout date.... Did you let him know the place is abandoned, and therefore you changed the locks?

Re: changing locks

Re: changing locks by NFL_LL (FL) on August 31, 2014 @00:25	[ Reply ]

Surrendering the key IS giving up possession. Unless you agreed to give him the remainder of the month back to him, then it doesn't matter if he surrendered the key on the 1st or the 31st. I'd still like to know how the tenant knew you changed the locks since he gave up the key. You need to corner him on that one. Be glad you changed the lock. This is not legal advice nor is it intended as such. This is merely my opinion. For legal advice, contact an attorney.

Re: changing locks