Quite true. Giving the key to someone else constitutes sub-letting in my book. Again, depending on laws and the wording in your lease, you could ding her on this and the take possession of the apartment with no legal repercussions. You might want to lawyer up...
Quite true. Giving the key to someone else constitutes sub-letting in my book. Again, depending on laws and the wording in your lease, you could ding her on this and the take possession of the apartment with no legal repercussions. You might want to lawyer up...
alkemyst
No Lifer
- Feb 13, 2001
- 83,769
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alkemyst
No Lifer
- Feb 13, 2001
- 83,769
- 19
- 81
good luck with that esp. it always being 3 days.
Going to sound like Robosigning.
That's simply not how the law works here. She is not required to maintain contact with him, his due diligence in contacting her is completely irrelevant. At this point he can't do anything. When she get's five days past due he can post an eviction notice, then 29 days latter he can have law enforcement evict and change the locks.
That is the very soonest he can get the place back legally unless he gets in contact with her.
Protect his property from what? She is allowed to give keys to her residence to whomever she pleases, if someone gains entry with her key and causes damages she will be liable. But at this point no damage has been done and she is current on rent.
The advice you are giving is wrong, and could be very costly for the OP.
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- Dec 28, 2001
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I appreciate all the responses; but it seems like a lot of the advice I've been given is based on city ordinance (which is fair) but light on experience itself; other than D1gger, does anyone have experience as a landlord here?
highland145
Lifer
- Oct 12, 2009
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- Dec 28, 2001
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From the contract; obviously there's been no contract from the tenant so far . . ..
It really seems like I'd have to consult a tenant lawyer about this.
highland145
Lifer
- Oct 12, 2009
- 43,973
- 6,338
- 136
I think you're making this more difficult that you have to. Wait til 10/1 to start with. Then call the magistrates office or whoever handles evictions in your area.
Yes, I managed my dads 6 income properties for about a year. However, I have learned much more being a tenant and having to sue two landlords.
- Dec 28, 2001
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Now even if the apartment has been vacated by the actual tenant, do I have to get the county involved to officially "evict" her? I guess we've been fairly lucky w/ tenants so far where we didn't have to get involved w/ evictions, the worst being property damage after the contract has completed (and I wasn't involved).
highland145
Lifer
- Oct 12, 2009
- 43,973
- 6,338
- 136
Depends on where you are but I wouldn't, if she's gone. I'd just take possession.
alkemyst
No Lifer
- Feb 13, 2001
- 83,769
- 19
- 81
subletting usually has to do with collecting rent (re-renting) the premise. Having co-habitants is usually not controlled except things like "no more than 2 adults per bedroom" and the like.
The law has a different book.
She isn't renting to anyone, she doesn't have anyone else living there, and OP can't even prove she has given keys to anyone else. And even if she did give the keys to a third party it is not grounds for an eviction in the first place.
OP, your only legal option is to wait until she is no longer current on her rent and then go through the eviction process.
SpatiallyAware
Lifer
- Sep 7, 2009
- 12,960
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Print and save that email from 9-19 as her intent to vacate on 9-20. At that point, in my opinion (and I've dealt with more than few sketchy situations like this as a landlord) you've done your part to satisfy *most* states laws.
The problem is if she's a lowlife rent skater... She comes back on 10-1 with her key and can't get in. She calls cops and tries to file police report saying you're keeping her out of the house. Then she completely stops paying rent.
So you now have to take her to court, and she'll make it out as though you're a horrible slumlord who is changing locks etc and this is why she isn't paying rent. It'll take 3-4 months AT LEAST before you can evict her once this crap has started.
The safest thing to do is wait 30 days after her intent to vacate, to give her time to get her stuff. At that point you can change locks etc.
If she has NO mail in her name and NO signed lease then change the locks now and tell her to GTFO.
The problem is if she's a lowlife rent skater... She comes back on 10-1 with her key and can't get in. She calls cops and tries to file police report saying you're keeping her out of the house. Then she completely stops paying rent.
So you now have to take her to court, and she'll make it out as though you're a horrible slumlord who is changing locks etc and this is why she isn't paying rent. It'll take 3-4 months AT LEAST before you can evict her once this crap has started.
The safest thing to do is wait 30 days after her intent to vacate, to give her time to get her stuff. At that point you can change locks etc.
If she has NO mail in her name and NO signed lease then change the locks now and tell her to GTFO.
This is correct.
The lease should have some verbiage about occupancy like alkemyst mentions but it won't be relevant to this situation.
SpatiallyAware
Lifer
- Sep 7, 2009
- 12,960
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- 0
- Dec 28, 2001
- 11,391
- 3
- 0
Well, turns out that the apt management company has to change the locks on the door: I've called them on 9/30 and they said that they will give me a quote on changing the locks.
I did go over there again and nothing has changed what-so-ever. At this point I'm feeling fairly confident in just clearing the place out, changing the locks and looking for new tenants.
I did go over there again and nothing has changed what-so-ever. At this point I'm feeling fairly confident in just clearing the place out, changing the locks and looking for new tenants.
I would think that the reason for having an apartment management company was to let them deal with messes such as this, and don't they have to change the locks when a new tenant moves in anyway?
- Dec 28, 2001
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My mistake, I misspoke; I meant the condo management company; my brother owns the particular unit so we'd have to request the management company to do some maintenance type stuff, nothing more.
SpatiallyAware
Lifer
- Sep 7, 2009
- 12,960
- 3
- 0
You should still be able to change the locks, and I would do so. Also be sure to check for mail in her name and return it to sender as 'no longer at this address'
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