Can you change the locks on door if tenant is not paying rent?

Question

I'm located in MN and I have a question regarding changing the locks on a rental property in which the tenant is behind 3 months.

The situation is the current tenant has given me heads up that he is moving out. He has not paid rent in 3 months, and told me that he would be out at the beginning of this month, but he has not given the keys and alot of his stuff is still in the home. For the most part it looks like he has taken out of majority of his items, but big items like a boat, machinery equipment, is still on the premises, and some things still in home. As if he is using the property for storage!!!!

Well in Minnesota's Tenant/Landlord laws I did read about not being allowed to change the locks. Would this still be the case if in the residency agreement it states:

"The Managing Agent may also display `for rent' and `for sale' signs on the rented residence if the lease is in default and has the right to change keys and seize nonexempt property. The Owner will have a lien for unpaid rent against all of Tenant Buyer’s nonexempt personal property that is in the Property and may seize such nonexempt property if Tenant Buyer(s) fails to pay rent. Management Agent may collect a charge for packing, removing, or storing property seized in addition to any other amounts the Managing Agent is entitled to receive. The Management Agent may sell or dispose of any seized property."

The next month is coming up, and I have some serious buyers who are interested in the property. I just started the eviction process. The original owner waited too late and just got me involved on the deal on a "subject to", he signed over the property on a warranty Deed, and now this is my "headache deadbeat tenant". What can I do at this point?

Chris Martin · Answer

You are describing a 'self-help' eviction, which may not be legal in your state. You have done the right thing in starting the (formal) eviction process, which in my state (and probably yours) is the legal remedy.

Options: ask for tenant to relinquish the keys. If not... offer to pay for a month of storage and pay for movers to move the stuff to storage in exchange for the keys... etc. Or just wait for court.

Mike H. · Answer

The fact that they have a boat tells you they probably have some resources to go after.

I would contact the renter and tell them you will forgive all their past unpaid rent and end the eviction if they were to get their stuff out by the end of the month.

If not, you will have to go after them for every penny and will pursue the debt with every means afforded to you under the law.

It seems like the renters have a new place to stay so its probably a storage issue.   If it means saving themselves a bunch of collection calls and the possibility of garnishing their wages, they might be more apt to either move or sell or just let go of their big stuff.

Steve Babiak · Answer

Apryl McDowell - What makes you think these so-called "buyers" you have will be any better than the one you put in there one year ago?

James H. · Answer

There is really no point in doing it - other than to make a point, I guess. I would not do it. My guess is that the provision exists for other reasons why one might need to change the lock while the tenant is out. Can't think of what any reasons would be right now, but just about anything can happen...

Mattie Covatch · Answer

Brian Hoyt

Do you have to give them the new keys only if they pay the back rent?

If they don't have to pay and still get access, what would the point be?

Rob K. · Answer

You've already lost three months and an eviction will take more time. I would throw some money at this problem and say, "Go away." Call this clown today and tell him that you are starting the eviction process and it will damage his credit and his property could be lost in the process. Tell him if he gets his stuff out within two days and gives you the keys, you will give him some money. Offer him a couple hundred bucks and see what he says. If he's unable to move the boat or doesn't want it, have him sign the title over to you.

James H. · Answer

In Texas, you can change the locks......but you have to be available within 1 hour to let them back into the premis and give them new keys, not matter what the time of day or night. So changing the locks is only symbolic in nature in my state.

Jon Holdman · Answer

Just proceed with the proper eviction process.  You're looking for a short cut.  There isn't one.  What do you think the judge will do with the tenant shows up with those threatening letters at eviction court?  I can't imagine that will help your case.  You're the owner now.  Its your tenant.  Follow the process.  If you're not familiar with the process, I strongly recommend hiring a lawyer.  No idea what that costs, but its a costs you have effectively agreed to pay when you bought this property

Joel Owens · Answer

What you have described is a legal mess. People trying to get creative to only end up digging a deeper hole for themselves.

I wonder how the safe act plays into doing lease options and other agreements??

I had another investor contact me the other day saying they were using lease options and had been in court and the judge ruled 2 of their agreements invalid and they had lost and were wanting to know what to do.

People are always trying to get legal advice for free but it cost you way more in the end.

Apryl McDowell · Answer

This was not my property 3 months ago. I pretty much was involved with the original owner by finding him a Rent to Own buyer 1 year ago. Well the original owner was the landlord and was not firm with the tenant at all during the period of the lease (numerous late payments). So now a year later he calls me back up to see if I can get a new Lease Option Tenant in the Property. I offered to take the property on "Subject To", he agreed. And now I have plenty of buyers for the home but I am now stuck with trying to get the current tenant out. I started the eviction process the day that the Warranty Deed was signed over to me.

What about this.....I am thinking to send the current tenant an email stating the repercussions that are stated in his contract, even if I can not enforce them legally at this point. More so to scare him "if in 2 days you do not reliquish keys then the locks will be changed and a lien will be placed against all nonexempt property". Is it legally okay for me to threaten him with words from the contract even if I can't enforce them?

Thanks tremendously

Can you change the locks on door if tenant is not paying rent?

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