Specialist · New York City, NY · Member since 2019 · 39 posts · 36 votes
Hey BP
I have a tenant that took it upon herself to changes the locks to my property. She’s been unresponsive, I’ve called, texted, mailed went up to the property and still unresponsive. She is in violation of her lease by doing this which I’ve told her before. Her lease is up in October and I will be giving her a 30day notice.
Asheville, NC · Member since 2017 · 385 posts · 274 votes
7y
I would send her a certified letter saying you are doing an inspection and give her 24 hours notice. Then I would show up with a locksmith and change the locks. Your lease should have some language about that .
Specialist · New York City, NY · Member since 2019 · 39 posts · 36 votes
7y
@Jason Bruning everything was fine in the apartment. However it failed because the gas was off due to the tenant not paying her bill. So they have to come back out and reinspect in 30 days.
In addition, I asked her for a copy of the key since I finally got a hold of her. She did get very irate with me saying how I do not need nothing, contact section 8 etc. Her lease is up October 31st. So I’ll be giving her notice. Question while we’re on the topic. This will be my first eviction. Do I have to state in the letter why I’m not renewing her lease ?
@Jason Bruning everything was fine in the apartment. However it failed because the gas was off due to the tenant not paying her bill. So they have to come back out and reinspect in 30 days.
In addition, I asked her for a copy of the key since I finally got a hold of her. She did get very irate with me saying how I do not need nothing, contact section 8 etc. Her lease is up October 31st. So I’ll be giving her notice. Question while we’re on the topic. This will be my first eviction. Do I have to state in the letter why I’m not renewing her lease ?
In most normal cases when you don't renew the lease, it is not an eviction. Was the section 8 inspector there when you asked her for a copy of the key? I'd talk to her case worker again and explain that if she doesn't give you the key, you are having the locks changed and will give her a copy of the new key. But that you need access to the unit for emergencies. I would also tell the caseworker at that point that you are not renewing her lease.
Contractor · Oxford, MA · Member since 2018 · 807 posts · 745 votes
7y
Section 8 not getting involved unless it is for non-payment is ridiculous. Does CT not cover damages if they trash the appt? Is there any kind of security deposit? If they only deal with non-payment, but she pays 0% WTH do they even do with her case? Just inspect so they can write up everything you need to fix for her?
Halifax NS · Member since 2019 · 48 posts · 24 votes
7y
@Karen Jackson Not 100% sure how this works in the states. I am from Canada.
A good way to get these kinds of people out of your unit is to do a fixed term lease (assuming they are the same as here). Then when the lease is up you can just choose not to re-rent to them and kick them out.
Rental Property Investor · Beavercreek OH · Member since 2018 · 422 posts · 970 votes
7y
That's why I don't like section 8. Yes they pay the rent on time. They also give you tenants that don't pay their bills or follow rules. If they destroy the place section 8 won't do a thing.
Specialist · New York City, NY · Member since 2019 · 39 posts · 36 votes
7y
@Bryan Devitt my sentiment exactly!!! I’m feel my hands are tied. They don’t get involved unless it’s non payment and they are paying her rent in full! As far as security deposit I have that and she won’t be getting all of it back. This section 8 thing is very bittersweet. I email and certified mail the caseworker to cover myself but in cases like this all they have to say is reinforce the lease... they are no help whatsoever. The caseworker said she would talk to her about what’s going on. But when I followed up with the caseworker she said that the lady was a no call, no show for her appointment.
@Karen Jackson Do you have anything in the lease about keeping all the utilities on? That may be a reason to evict her now.
That's a good point. Specific language in the lease that says tenant must pay to keep utilities on by paying on time. Violating a portion on the lease can be responded to with a 15-day notice before filing eviction
Flipper/Rehabber · Conway, AR · Member since 2016 · 13 posts · 1 vote
7y
@Karen Jackson
Sorry to hear that Karen, I would wait for her to make it to the location and express your frustration and concern about changing out the locks and see how she respond before going thru the court. I know that in Arkansas we have to pay fees in order to evict a tenant. Good luck
Specialist · New York City, NY · Member since 2019 · 39 posts · 36 votes
7y
@Mario Am no clear reason. She claims that she doesn’t want me coming in her apartment. I don’t even live on the premise and the only times I’ve went into her apartment was to do repairs when she wasn’t home and she was well aware of this in advance. And it’s stated in the lease that I will enter to do necessary repairs etc.
Specialist · New York City, NY · Member since 2019 · 39 posts · 36 votes
7y
@Mark Pleasant I’ve reached out to her via text about my frustration and she has Ignored and disregarded my messages. Yesterday when I addressed her about it in person she became very irate.
@Mark Pleasant I’ve reached out to her via text about my frustration and she has Ignored and disregarded my messages. Yesterday when I addressed her about it in person she became very irate.
File eviction. Don’t talk to her.
You have to train Tenants starting at first phone call - when they want to rent your property.
Right now it looks like you’re asking her to give you the key and she doesn’t give a damn about you.
I’d already change the locks and gave her the address where to receive new key with amount owed for the change.
People do what you let them do to you: one time you let them disrespect you, it will be going south from there.
@Bryan Devitt my sentiment exactly!!! I’m feel my hands are tied. They don’t get involved unless it’s non payment and they are paying her rent in full! As far as security deposit I have that and she won’t be getting all of it back. This section 8 thing is very bittersweet. I email and certified mail the caseworker to cover myself but in cases like this all they have to say is reinforce the lease... they are no help whatsoever. The caseworker said she would talk to her about what’s going on. But when I followed up with the caseworker she said that the lady was a no call, no show for her appointment.
Talk about hands tied! That's crazy! I hope you're filing for eviction or in the process already like most people are saying. Thank you for sharing the details. A lot people are learning by reading posts like this one.
@Jill F. I’m a new landlord. How do smart key locks prevent a tenant from changing the lock.
They don't. But with my lease, I would be within my rights to reinstall the smart key lock (so long as I provided the tenant with a new key, I think I'd be okay if the tenant wanted to litigate with documented evidence of my attempts to provide the tenant with a new key so that it is clear that I wasn't trying to pull a lock out eviction. I have not had to test it in court.
Smartkey landlord locks are expensive to install (the landlord version has a master control key for landlord maintenance and a tenant key which can be easily re-keyed between tenants or for lost keys); I explain the system to every tenant at move-in and my lease prohibits the changing of smart key locks. Upon discovery of an unauthorized lock change if the tenant did not pretty quickly get back to me with a good story and offer to pay for reinstall of a smartkey, I would 24-hour notice a lock change as an emergency maintenance issue then and re-install a smart key lock and then notify the tenant by text, phone, email, and note on the door that they need to reach out to me to get a new key. This is a section 8 tenant so the OP can't non-renew, I mostly do month to month so I would provide the tenant with a new key and a non-renewal notice.
@Jason Bruning everything was fine in the apartment. However it failed because the gas was off due to the tenant not paying her bill. So they have to come back out and reinspect in 30 days.
In addition, I asked her for a copy of the key since I finally got a hold of her. She did get very irate with me saying how I do not need nothing, contact section 8 etc. Her lease is up October 31st. So I’ll be giving her notice. Question while we’re on the topic. This will be my first eviction. Do I have to state in the letter why I’m not renewing her lease ?
Glad everything went relatively fine with the inspection, with the exception of the key issue!
Rental Property Investor · West Palm Bch, FL · Member since 2019 · 1 post · 1 vote
7y
@Karen Jackson
I reside in Florida, at the moment there’s not much you can do. Gather evidence, go down to the court house to file a motion for eviction due to the tenant breaking the lease agreement.. Be ready for a fight, even though their clearly in the wrong. By changing the locks is a clear sign of them ready to put up a fight anyway. Don’t wait to start the process, it can get costly, it’s the risk of being an investor. You’ll want to see a Judge for a final ruling to get restitution for damages and or lost of possible revenue because of the property being illegally occupied now..
Investor · Union City, NJ · Member since 2019 · 32 posts · 7 votes
7y
@Karen Jackson I’ve seen leases that define the order of payments, stating any monies received from tenant would go to 1) interest on late fees 2) late fees 3) past due expenses, etc etc. Rent is the very last item that gets paid, therefore her payments to you wouldn’t make it to her rent and you could evict based off non-payment of rent.
The person that gave me this lease rents almost exclusively to Section 8 in Philly so I’m sure he constructed it that way purposely.
Investor · Simsbury, CT · Member since 2015 · 46 posts · 31 votes
7y
@Bryan Devitt
As of 5 years ago that is all they do.
Get this. Section 8 comes and inspects the property before said tenant moves in. Then they sign a one year lease. Section 8 pays like 90% of the Rent the tenant usually has to pay something minimal like $50. Then at the 6 month mark Section 8 comes back in to reinspect. Basically they chart all the damage that has been done to the apartment by there client
And then tell you to fix it or you can’t collect rent.
Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
7y
I would rekey the locks and charge her for the expenses.
When the rent check comes and the expenses is still outstanding, then I would use part of the rent to pay for the expenses, which makes her short on rent. Then file for eviction due to insufficient rent payment.
You should have a clause in your lease which states that when a tenant pays you, no matter how that payment is designated, it is first used to apply for damages and repairs, then late fees, then outstanding fees from prior months, outstanding rent from prior months, legal fees etc etc etc...