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TRACI B | Can I change the locks on a house with a tenant living there? |
I want to evict my tenants. Can I just change the locks? She signed a contract/lease a year ago stating that she was buying the house at the the end. It is now the end and not only did she not buy the house, she didn't sign the new lease and has not paid rent for this month. (It is the end of the month already). I have left her voicemails and even went to the house. Isn't she considered a squatter? Can I change the locks and put her out? |
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bull_rooster_aardvark
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You have to evict her and cannot change the locks until the eviction process is complete. She is not a squatter she is a tenant holding over and you can't just "put out" a former tenant who is now holding over. Just follow the eviction process for your area. |
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Scarface
 |
I believe it's actually illegal to do that.
The only thing you can really do is work at getting an eviction notice as soon as possible (if she isn't willing to comply with you)
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maxmom56
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That would be illegal. You must evict her through the court system. |
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Expert Realtor
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You cannot change the locks.
You know that big, huge deposit you collected at the beginning?
She can sue you for TRIPLE the deposit if you try to evict her illegally, which means without court permission.
It doesn't matter if she is 1 month or 6 months behind in rent..you have to go to court to evict her.
If she signed an option to buy (and I sure hope your contract was written by an attorney b/c it won't hold up in court if it wasn't), then you get to keep her entire deposit based on the fact she never purchased the home....as that was a breach of contract.
But if you didn't have this in writing, then you have to treat it just like any other tenant deposit when she moves out. |
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Robert J
 |
No. This is clearly a case for a lawyer. Whatever you do don't change the locks. The tenant would have a case against you for unlawful eviction and could get a money verdict against you in court. Talk to a lawyer before doing anything. |
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Rob D
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Ok, I'd suggest that you'd seek a lawyer before you make this rash of a move... But... From what little I know about it (and it changes from state to state)...
Yes they are, Yes you can, but if they break in then I think they can stay without you being able to kick them out....
I'd suggest you file a formal eviction notice for non-payment and ask the local sheriff if the is some advice that they suggest, as if you just kick them out I'd think that it's likely your going to get some backlash...
I'd also say, that a better course of action if you want them to buy the house, is to sue them for the money for the house, and make them pay for it outwright... |
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KissMyConverse
 |
You cannot do that its illegal. You must do it through the county or sherriffs depatment. |
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Beccy
 |
It is 100% illegal to change the locks. if you do so, you will end up in alot of trouble. When someone is renting a house they have exclusive possession and you are not even allowed on the premises without their permission, unless you give them four weeks written notice prior to your planned arrival.
Even though her lease has expired she has not left the premises therefore she has exclusive possesion at the moment, however contact your local sherriff/police department explain you want your tennant evicted and then they will go about proceeding legally.
If the tennant signed a lease stating she would buy the property at the end of the period you can legally sue her for compensation and backdate your rent for the amount she has not payed. If you are leasing through a real estate contact them now and inform them you want to proceed with eviction. I would also advise you to contact a solicitor to discuss your options. She agreed to something that you have relied upon and have since suffered some form of loss and been deprived of a gain. Start proceedings immediately. |
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Zac
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You need to get in touch with the sheriff's department and ask them so everything will be legal. |
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sharonsmineonly
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you have to issue letters of eviction and to be on the safe side make them certified letters so she has to sign for them for proof she got them. But I know you must give her letter of eviction with the date she is to be out and the reason(s) before you can re-gain possession of the property. |
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**Proud to be an American**
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I think that you have to formally put a notice of eviction on her door before changing locks. However, all contracts are a little different so yours may allow you to formally throw her out like that. Have you formally submitted late payment notices to her? They could serve as your paper trail and could help your cause...
Either way - eviction or lock change - I would have to recommend talking to your local police department. It could get ugly, so it might not be a bad idea to have them there for your support and to help keep the peace. They might have some information to help you. |
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idontknowitall
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most states wont allow this, evicting someone is a long and trying process you've got a fight on your hands but they sound like deadbeats so i say be aggressive and go after them.. hard. and when you do get them out take 'em to small claims court to get your money back, and don;t buy whatever sob story they come up with because if it had been a true emergency they would have been up front. i know people like this and it's always something, go get 'em go go go go |
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kascelyn00
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I do not think so, did you have a clause in the contract about when you would evict her for not paying? Most of the time, it is 3 months. Take the contract to a real estate broker or an attorney, the broker will be cheaper. |
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J Eli D
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You can change the locks actually. And when she finally comes home and she will see what you have done she will get a hold of you. BUT do not let her in till she pays rent. I am not very sure but even call the police to see what they say. But like you said she is ignore you and you are trying to give her notices. But just in case do call the police just to cover your own butt. GOOD LUCK |
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