Help tenant won’t give me the keys

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Help tenant won’t give me the keys

Mark Nashed
Member since 2018 · 5 posts · 7 votes

Help! Tenant fully moved out and won’t give me the keys until I give her the deposit back. Does she have any legal rights to the apartment at this point. Can I change the locks?

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Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
1y

In ca we have 17 days to return the deposit (and many other requirements), but if the tenant has not provided he keys has the clock started?   I use landlord locks and would swap the cylinders on day 1 if the tenant has indicated they have moved out.

If they have not indicated that they have moved out then they get billed for hold over days that are 2x daily rate as they put placing a tenant by the 1st in jeopardy. 

The 17 days start the day after the day the tenant indicates that they have moved out.

Regardless, they get their deposit returned as dictated by the law (no later than day 17 in my area), not when the tenant dictates.   

Because I have landlord locks, they can keep the keys but will be charged for the new keys and the time to get the new keys (the labor to get the keys).  They will be charged at least $25, so they should return the keys but if they want the keys, they get to pay for new keys.  I do not care and if they whine about being charged at least $25 for keys, I point out that if they did not want to be charged for the keys they should have returned the keys.  

Good luck

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  • Collie Hill
    Real Estate Agent · Houston Texas · Member since 2025 · 16 posts · 16 votes
    1y

    what's the reason for holding the deposit? I would mention that you can't assess the home without access. Check your lease and consult with an attorney to make sure you didn't breach the lease agreement. 

    5Reply
    • Ivan Lopez
      Member since 2025 · 2 posts · 0 votes
      1y

      @Collie Hill  like that matters? How is he supposed to do an inspection without keys

      0Reply
    • Theresa HarrisPro Member
      Member since 2019 · 15k+ posts · 11k+ votes
      1y
      Quote from @Ivan Lopez:

      @Collie Hill  like that matters? How is he supposed to do an inspection without keys


       He should have an extra set of keys. All landlords have a set of keys to their property (or their PM does).  

      3Reply
    • Collie Hill
      Real Estate Agent · Houston Texas · Member since 2025 · 16 posts · 16 votes
      1y

      @Ivan Lopez you don't need keys to access your property and you don't have to pay a lock smith. 

      1Reply
  • Cory St. Esprit
    Investor · Pittsburgh, PA · Member since 2023 · 109 posts · 58 votes
    1y

    I'll agree with @Collie Hill. Also, if they're moved out, then give them your 24 hour notice to inspect the apartment (whatever the lease state) and just change the lock. This is why the Kwikset keys that you can change quickly (or other similar) are so good. 

    5Reply
    • Chris Chisholm
      Investor · Regina, SK · Member since 2025 · 54 posts · 42 votes
      1y
      Quote from @Cory St. Esprit:

      I'll agree with @Collie Hill. Also, if they're moved out, then give them your 24 hour notice to inspect the apartment (whatever the lease state) and just change the lock. This is why the Kwikset keys that you can change quickly (or other similar) are so good. 


      100% agree!  I switched over all my properties to the Weiser SmartKey locks a year or so ago it's been well worth the extra money on the couple tenant change overs I've had and never have to waste time worrying about lost on not returned keys again. If someone wants to not return the keys, no problem...deduct the cost of cutting new keys and your time from the damage deposit and move on.  They can keep the old keys as a souvenir of their poor life decisions.  haha

      6Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    1y

    Change the locks. Charge it against the deposit. 

    Charge the days you were not provided the keys against the deposit. Hopefully you have a holdover tenancy rate listed in the lease and you can charge a much higher rate. Tenant won't be so smug when they see you charged a $1000 worth of rent to them for their game. 

    5Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y

    Is there a reason you haven't done the inspection and returned the balance of the deposit?  Many places have a time limit, so do that quickly and then get the keys.  If they won't return it to you, charge them to change the locks.  It could be the tenant had an issue in the past about getting their deposit back and that is why they are leary.

    3Reply
  • Mark Nashed
    OP
    Member since 2018 · 5 posts · 7 votes
    1y

    She wants me to give her the deposit at the time of the walk through

    0Reply
  • Mark Nashed
    OP
    Member since 2018 · 5 posts · 7 votes
    1y

    I guess my question is: if the tenant is fully moved out, do they have any legal claim to gain access to the apartment?

    1Reply
  • Dan Mcguire
    Real Estate Agent · Shoreham, NY · Member since 2016 · 96 posts · 44 votes
    1y

    We use the landlord locks and change out the cores with each tenant. I charge the tenant at move out for the cost. We have 14 days to refund the deposit.

    1Reply
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    1y

    In ca we have 17 days to return the deposit (and many other requirements), but if the tenant has not provided he keys has the clock started?   I use landlord locks and would swap the cylinders on day 1 if the tenant has indicated they have moved out.

    If they have not indicated that they have moved out then they get billed for hold over days that are 2x daily rate as they put placing a tenant by the 1st in jeopardy. 

    The 17 days start the day after the day the tenant indicates that they have moved out.

    Regardless, they get their deposit returned as dictated by the law (no later than day 17 in my area), not when the tenant dictates.   

    Because I have landlord locks, they can keep the keys but will be charged for the new keys and the time to get the new keys (the labor to get the keys).  They will be charged at least $25, so they should return the keys but if they want the keys, they get to pay for new keys.  I do not care and if they whine about being charged at least $25 for keys, I point out that if they did not want to be charged for the keys they should have returned the keys.  

    Good luck

    11Reply
  • Mark Nashed
    OP
    Member since 2018 · 5 posts · 7 votes
    1y

    @Dan H. Am I obligated to return the deposit to the tenant if it was paid by section 8?

    0Reply
    • Dan H.Pro Member
      Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
      1y
      Quote from @Mark Nashed:

      @Dan H. Am I obligated to return the deposit to the tenant if it was paid by section 8?


       I have no experience with section 8 so do not know their process, but I suspect there are many on this forum that can describe the process for returning a section 8 deposit.


      good luck

      0Reply
    • Theresa HarrisPro Member
      Member since 2019 · 15k+ posts · 11k+ votes
      1y
      Quote from @Mark Nashed:

      @Dan H. Am I obligated to return the deposit to the tenant if it was paid by section 8?


       Phone their case worker (or the section 8 office) and ask them who to return it to (minus any expenses).

      1Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    1y
    Quote from @Mark Nashed:

    Help! Tenant fully moved out and won’t give me the keys until I give her the deposit back. Does she have any legal rights to the apartment at this point. Can I change the locks?


     Change the locks.

    4Reply
  • Sherry McQuageBusiness Member
    Real Estate Broker · Moore County, NC · Member since 2020 · 169 posts · 141 votes
    1y

    Contact a local attorney that's familiar with this type of thing.  

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    1y

    @Mark Nashed  Change the locks and charge her for keys she doesn't return. I always return the deposit to the person I got it from unless I am authorized by that person to do otherwise. I have not had section 8 so I suggest you call them.  You could post a different question on section 8 deposits that might get you more section 8 related responses.. 

    2Reply
  • Luka Milicevic
    Real Estate Agent · Nashville, TN · Member since 2015 · 2k+ posts · 2k+ votes
    1y
    Quote from @Mark Nashed:

    Help! Tenant fully moved out and won’t give me the keys until I give her the deposit back. Does she have any legal rights to the apartment at this point. Can I change the locks?


     Give her deposit back? Did you agree to give it back? Did you have a final walk through that they signed? Compared it to the original walk through when they moved in?

    If you are going to be giving her the deposit back, I would replace the locks and withhold the cost from her deposit. That is in TN.

    If you're in California or NY or IL you're probably cooked. 

    1Reply
  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1y

    LOL! We would change the locks and charge the tenant for it. 

    [email protected]239-339-3969
    Bartomeo Property Management4.7156 Reviews
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    2Reply
    • James Wise
      Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
      1y
      Quote from @Adam Bartomeo:

      LOL! We would change the locks and charge the tenant for it. 


      1Reply
  • Samuel CoronadoPro Member
    Investor · Huntsville, AL · Member since 2016 · 348 posts · 182 votes
    1y

    This seems like a non issue. When someone moves out, we change all the locks anyways. Their copies are irrelevant and cost roughly less than $5 to reproduce even if you were going to use the same lock (assuming you kept two keys for yourself, two keys for the property manager, and one key as an emergency back up). 

    0Reply
  • James Mc Ree
    Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 939 votes
    1y

    Go through the property on your own today or tomorrow and tally damages. Provide the tenant with a written bill for the damages at the final walkthrough and refund the remainder of the deposit. Take pictures of the damage in case your tenant contests it later.

    I am not aware of Section 8 paying a security deposit, but check with the tenant's case worker on what to do with it. My experience is Section 8 pays on behalf of the tenant, so my guess would be the refund goes to the tenant, but that's just a guess.

    I don't care if my tenant returns the keys since I change the locks anyway. If I were you, I would have changed them by now (May 5) if their lease ended Apr 30.

    0Reply
  • Kerlous TadresBusiness Member
    Realtor · Columbus, OH · Member since 2023 · 1k+ posts · 1k+ votes
    1y
    Quote from @Mark Nashed:

    Help! Tenant fully moved out and won’t give me the keys until I give her the deposit back. Does she have any legal rights to the apartment at this point. Can I change the locks?


    Depends on your state's laws. Definitely consult an attorney and property manager in your state before you make a a decision 

    [email protected]614-490-1163
    Kerlous Tadres | Reafco Real Estate542 Reviews
    WebsiteView Page
    0Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    1y

    If you dont have a copy , drill the lock , inspect the property , put on new locks 

    0Reply
  • Bruce Lynn
    Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    1y
    Quote from @Mark Nashed:

    Help! Tenant fully moved out and won’t give me the keys until I give her the deposit back. Does she have any legal rights to the apartment at this point. Can I change the locks?


    Refer to your lease about key return and also your state law.
    We have in our leases:


    Tenant must return all keys and access devices provided by the Landlord when surrendering the property. Failure to do so may result in deductions from the security deposit.

    Landlord may deduct costs for replacing unreturned keys, garage door openers, security devices, or other components from the security deposit.




    1Reply
  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    1y

    Sigh, another clueless DIY newbie:(

    Self-managing is always so easy (sarcasm) - until it isn't!

    No data on your BP profile and you didn't bother sharing what state you are in.

    Questions:

    1) Did the tenant put in writing they moved out?
    - If "yes" AND you state laws allow, change the locks and do your MoveOut Inspection to create damage charges against the SD. Then return the remainder.
    2) Did the tenant give a forwarding address in writing?
    - Check your state laws to see how this benefits you!
    3) What are your state & local laws about #1 and #2 above and to return SD?
    4) Check your state & local laws to see if you are required to allow the tenant to be present during your MoveOut Inspection.

    Good luck!

    Logical Property Management4.9457 Reviews
    WebsiteView Page
    2Reply
  • Kate Sanchez
    Member since 2025 · 248 posts · 101 votes
    1y

    @Mark Nashed  Once the tenant has vacated and their lease has ended, they generally no longer have legal possession, but laws vary by state, so check your local landlord-tenant laws before changing the locks. Typically, you are not required to return the deposit on the spot; you have a set period (often 14–30 days) to process it, account for damages, and send a statement. If needed, remind the tenant politely that you’ll follow the legal process and the deposit will be handled per state law.

    0Reply
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