Tenant put Padlocks on all Rooms in Unit

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Tenant put Padlocks on all Rooms in Unit

Cheryl Daniels
Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes

Hi,

During an inspection, I found that a tenant put padlocks on all rooms with doors without permission. He said that it is his right to have locks if contractors, etc enter his unit. Additionally, he will not provide me with keys.

1. He acknowledges that he did not receive written permission.

2. He says he has a right for the protection of his property.

Is this right?

3. I replied that if I don't have access to those rooms, and there is some sort of emergency, he would be held liable.

Is that right?

Its my only property and I am manage it.

How have similar landlords handed providing protection for tenant's property and privacy with landlord's having full access to every room in a unit?

Thanks!

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Wesley W.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
7y

What does your lease say?  Here's an excerpt from mine:

 (b) Locks may not be altered nor may new locks, bolts, or other door or window attachments be installed without our prior written consent. 

If it were me I would send a 10-day notice to cure.  Since this person sounds like a difficult tenant, if they gave any pushback I would terminate their lease (M2M) at a time convenient for me to do the turnover and re-market the apartment. (Probably spring)

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  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Oralee Holloway Thank you! I am checking our state requirements for entry to submit in written form to tenants.

    1Reply
  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Michael LongWow. I need to pay closer attention and get this situation taken care of asap. 

    The incident started with contractor  removing and installing bathroom tile due to leakage to unit below. The work was done over several days. 

    The tenants has been in the building long before I came along. So the unit needs repairs and updates. He is reluctant to these changes unless he or contractors he knows can do the work. I went up there with a plumber. He was aware that the plumber and I would be in the unit. He was there when we arrived. I noticed padlocks on living room, bedroom and bathroom doors. At that point, I did not bring it to his attention.

    However, later I called him for a meeting as he complained to the contractor being in the unit. I addressed the concern of the padlock. He reason was that, I don't want anyone in my personal spaces when you or I are not here to supervise the work. He refused to remove them.

    I cannot supervise all work as I'm employed full time and this is a one person operation at this time.

    Question for a future situation: What can I do to when having contractors, handyman, etc in without supervision, and make sure tenant's personal property is protected? Additionally, those padlocks are coming off, what do I replace them with?

    0Reply
  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    Locks on bedrooms are concerning and have to go. But locks on the bathroom....that’s just twilight zone! 

    2Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y
    Originally posted by @Cheryl Daniels:

    @Michael LongWow. I need to pay closer attention and get this situation taken care of asap. 

    The incident started with contractor  removing and installing bathroom tile due to leakage to unit below. The work was done over several days. 

    The tenants has been in the building long before I came along. So the unit needs repairs and updates. He is reluctant to these changes unless he or contractors he knows can do the work. I went up there with a plumber. He was aware that the plumber and I would be in the unit. He was there when we arrived. I noticed padlocks on living room, bedroom and bathroom doors. At that point, I did not bring it to his attention.

    However, later I called him for a meeting as he complained to the contractor being in the unit. I addressed the concern of the padlock. He reason was that, I don't want anyone in my personal spaces when you or I are not here to supervise the work. He refused to remove them.

    I cannot supervise all work as I'm employed full time and this is a one person operation at this time.

    Question for a future situation: What can I do to when having contractors, handyman, etc in without supervision, and make sure tenant's personal property is protected? Additionally, those padlocks are coming off, what do I replace them with?

     Your lease should say something like "...access by landlord, his/her associates, representatives..." which means the contractor or handyman you sent in are an extension of you.

    You should work towards putting together a team of people you trust.  A trusted plumber, electrician, handyman etc...so you can feel comfortable with leaving the property in their hands.  Not only about your concerns having to monitor them at all times, but also trust them enough that they will not tell you it's an issue bigger than it actually is and upcharge you since you are not there to be able to tell the difference, and trust them enough that they exhibit care and workmanship to not damage your property and not tell you about it.

    For example, what if he drops a hammer on your tiled floor and cracked it and didn't say anything.  Your tenant is now held liable for the damages he/she didn't cause.  Your trusted contractors should be someone you know will not do this.

    How does the contractor get access if you are not there?  Do you give them a key?  It could be copied and used at a later time.  If you just let him/her in and come back later to lock up there could be times the tenant is unprotected if the contractor go to lunch or have to make a run for spare parts.

    What if your tenant calls you after your unsupervised repair and tells you he is now missing a macbook and an iphone?  How would you address that?  Is it your tenant making something up or your contractor took something, or the third scenerio, your contractor forgot to lock up when he left the property?

    If it's someone I hire and I have never used them before I will try to schedule it so I can be there for all these reasons but I need some time to interact with them to see their workmanship, work habits and approach to problem solving too.

    4Reply
  • Michael Long
    East Stroudsburg, PA · Member since 2016 · 52 posts · 41 votes
    7y

    Yea he’s growing weed

    1Reply
  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Sam Leon Good questions! The plumber was recommended by the tenant. The contractor, I've known personally for years. I do give them the key to the contractor to enter the unit and he returns it upon completion. I do have ADT camera monitoring for the front porch to monitor visitors to the home. Not sure if that would offer any support for theft. However, the tenant's concerns are valid. I know that I will have to take a day off from work with a person that I don't know well.

    I considered hiring a property manager but I am unable to afford the services at this time. So at this point, I'll monitor and work to build a team I could rely on and trust. Thank you!

    0Reply
  • Bryan O.
    Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
    7y

    @Cheryl Daniels  I use a "three strike" rule with my tenants: I will try to work with them for scheduling visits. After 2 times of them not being available, every visit thereafter is scheduled and then they are informed of it per the notification requirements. If they cannot be home, then it is their job to know what they own and have renter's insurance in the event they must file a claim. If they are paranoid, then they can arrange to be home.

    Also, don't just "send a letter" to tell them to fix it. Give them the appropriate cure or quit notice for your state. This is the beginning step to evicting if they do not comply. Don't waste time on a notice that means nothing so that you can then send the correct notice.

    Best of luck.

    2Reply
  • Kelly Iannone
    Rental Property Investor · Orlando, FL · Member since 2018 · 301 posts · 354 votes
    7y
    @Cheryl Daniels in regards to having contractors work on the house when tentents belongingd are there, always hire reputable and insured contractors to do the work.
    1Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    I would never just give random contractors access to peoples homes. Either I or the tenant need to be there.

    1Reply
  • Scott L.
    Investor · Flower Mound, TX · Member since 2017 · 182 posts · 198 votes
    7y

    I just turned over one of my SFR's in Texas. I had inherited the tenant when I bought last year. Among the strange things I found were closets with bedroom/bathroom type locking doorknobs...that locked from the INSIDE.... Bathrooms were missing privacy type locks. And the knobs looked like they'd been switched around and were mix/match. I went to Lowes and got some matching bathroom/bedroom locking hardware and replaced on every door. Now PADLOCKS on interior doors...I'm thinking "grow" operation, or trap house. :-0

    1Reply
  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Bryan O.

    Thank you. Excellent suggestions.

    This is so helpful as I was going to just send a letter:

    Also, don't just "send a letter" to tell them to fix it. Give them the appropriate cure or quit notice for your state. This is the beginning step to evicting if they do not comply. Don't waste time on a notice that means nothing so that you can then send the correct notice.

    Thanks!

    0Reply
  • Mike ReynoldsPro Member
    construction · Nacogdoches, TX · Member since 2011 · 2k+ posts · 1k+ votes
    7y
    Originally posted by @Cheryl Daniels:

    Hi,

    During an inspection, I found that a tenant put padlocks on all rooms with doors without permission. He said that it is his right to have locks if contractors, etc enter his unit. Additionally, he will not provide me with keys.

    1. He acknowledges that he did not receive written permission.

    2. He says he has a right for the protection of his property.

    Is this right?

    3. I replied that if I don't have access to those rooms, and there is some sort of emergency, he would be held liable.

    Is that right?

    Its my only property and I am manage it.

    How have similar landlords handed providing protection for tenant's property and privacy with landlord's having full access to every room in a unit?

    Thanks!

    I will relate a story. There was a tenant that did something similar to his back door. Not my tenant but one I know well. His house caught on fire and his wife and son died in it. The tenant was able to save his daughter but not his wife and son. The landlord was held liable. This can be a serious issue and you need to do whatever is needed to fix it.

    1Reply
  • Lu Bien-Aimé
    Rental Property Investor · Montréal, QC · Member since 2018 · 16 posts · 4 votes
    7y
    @Cheryl Daniels Your tenant's "property" (which is likely personal items) are in your legal property. It seems your tenant missed that point. Sounds like a difficult tenant, so I'm curious to know if you have any existing stipulation that could effect the situation in a timely manner. I have seen lanlords provide tenants with documentation to sign addressing outlier issues directly that were not included in the original lease. Therefore, failure to comply within the said time period can/will result in the cancellation of the lease hence initiating the eviction process.
    1Reply
  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Mike Reynolds I appreciate you sharing. I having been searching online for hours to find the specific code to put in letter to tenant. If not compliance, he will have to vacate as it is a month to month lease. thanks.

    1Reply
  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Cheryl Daniels Your tenant's "property" (which is likely personal items) are in your legal property. It seems your tenant missed that point. Sounds like a difficult tenant, so I'm curious to know if you have any existing stipulation that could effect the situation in a timely manner. I have seen lanlords provide tenants with documentation to sign addressing outlier issues directly that were not included in the original lease. Therefore, failure to comply within the said time period can/will result in the cancellation of the lease hence initiating the eviction process.

    I do not. However, I am working on a stipulation that would address this concern asap. I am looking for fire code violation reference numbers to include in letter to tenant. Additionally, with regards to his concern about theft, I had not required renter's insurance. Now I must. 

    Having locks without written permission as stated in the current lease is a violation. I will give him 24 to 72 hours to remove locks and to address concern, suggest he purchase the insurance. 

    0Reply
  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Lu Bien-Aimé

    I do not. However, I am working on a stipulation that would address this concern asap. I am looking for fire code violation reference numbers to include in letter to tenant. Additionally, with regards to his concern about theft, I had not required renter's insurance. Now I must. 

    Having locks without written permission as stated in the current lease is a violation. I will give him 24 to 72 hours to remove locks and to address concern, suggest he purchase the insurance. 

    1Reply
  • Allan Szlafrok
    Rental Property Investor · Long Island, NY · Member since 2015 · 490 posts · 301 votes
    7y
    @Cheryl Daniels Another thing to consider is that he may be renting the rooms in the apartment to other people that you dont know about. Kind of like an air bnb. The locks are there so that the people he’s subleasing the rooms too don’t have to worry about their stuff being stolen by someone else in the house. This is also very serious and I have a feeling an eviction will be necessary soon.
    1Reply
  • Bob B.
    Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
    7y

    There was a situation in Atlanta a couple of years ago where the tenants locked several men in the basement.  When the landlord would come by to inspect the house they had boxes and junk in front of the basement door and persuaded him from checking out the basement.  One of the men eventually escaped and the tenants were jailed.  The tenants would target mentally challenged homeless men that received government benefits and offer them a place to stay.  After befriending them they would lock them in the basement and steal their checks.  They had served time previously for the same crime and hopefully received a long sentence this time.  I've been in the house.  It's a nice brick ranch in a nice neighborhood.  Nobody would suspect that something like this was going on.  

    It's your house and life is too short to stress about something like this.  I hope it turns out well for you but get a new tenant soon.    

    1Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    honestly this would be a situation where I would get an attorney involved. It will cost a couple hundred bucks and save you a LOT of trouble.

    1Reply
  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Bob B.

    I feel some apprehension as I live near the property. But I am not tolerating this situation. Im rewriting the lease agreement as it is month to month. Thanks!

    0Reply
  • Cheryl Daniels
    OP
    Homeowner · Philadelphia, PA · Member since 2015 · 70 posts · 24 votes
    7y

    @Mary M. Yes, I am looking for one in the area.  Life is too short. A better tenant is out there. Thanks.

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    7y

    Growing weed results in above average water and electrical consumption. Call the electric and water company and say something like :

    "I'm the owner of xyz Main street . I know you're not allowed to give me details about my tenants and I'm not trying to get you into trouble, but can you tell me if the address has above average usage? I'm worried that it might be a grow operation and I'm trying to protect my property and keep the neighbors safe. "

    At the very least it might give you more confirmation that this is in fact, a grow house. 

    0Reply
  • Jassem A.
    Investor · PA · Member since 2013 · 1k+ posts · 602 votes
    7y

    Sounds like you may need to invest in a bolt cutter in the future to get those locks off. Tenant is probably renting rooms and the roommates don't trust each other or he's hiding something valuable or illegal.

    0Reply
  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    7y

    I would charge the tenant for the removal and the replacement of the doors, as giant holes in the doors and frame are not normal wear and tear. I'd also get him out. He's trouble for as long as he is your tenant.

    [email protected]Podcast Guest on Show #261
    BiggerPockets
    0Reply
  • Maurice D.
    Coppell, TX · Member since 2015 · 485 posts · 310 votes
    7y

    locks aside, this raises flags for me.  make me think

    a) drug stash?

    b) he is subletting by the room?

    A normal tenant wouldn't need to lock EVERYROOM.  maybe one..

    Immediately give notice, and come inspect each and every room, have him unlock.  

    0Reply
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