Help tenant won’t give me the keys

[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?

[Dan H.]

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