Tenant inspection notice given (yes months ago). Went to do it and change a filter, and the lock had been changed. He paid the fee for the changed lock and said he’d give us a key to that lock. He said our lock had been malfunctioning. (I do believe it was) He has said several times he will leave a key in our dropbox.

" In the event that LESSEE changes any lock or alters any lock or adds any additional devices so that the keys originally furnished by LESSOR will not provide needed access, and LESSOR is prevented from entering the demised premises for any permitted purpose which has been properly noticed, then LESSOR may summon a locksmith at LESSEE’s expense, or use any other means to provide LESSOR with the needed, permitted and noticed access to the demised premises, and LESSOR may enter the demised premises without liability to LESSEE, as a consideration of this lease. Such denial of access shall constitute a material and noncurable breach of this lease and LESSOR shall have all those rights given to him under this lease by reason thereof as in the case of any other breach of this lease. "

N.B.,

The above has been drafter according to CA law.

Vee & Moshe said it all.

Go take care of business.

"Vee & Moshe said it all. "

Yes, but has Lucy's tenant agreed to the terms in my lease, and is IN law OK with them?

Of course, Lucy has to abide by her lease - hopefully it includes some consequences for behavior like this.

"Your clause, Moshe, would be great to use going forward."

Yes, but is it all legal in the state of whoever is going forward?

I agree with (by plenty). Give the guy written notice that the lock will be changed on such and such a date.

Have it done. Immediately notify him that he must come to you to pick up his new key.

I would also charge him for the new lock and the extra key cause if you do not he will more than likely change it again. On the notice also inform him the cost MUST be paid BEFORE he gets the new key. If he doesn't like it let him take you to court. He would not win.

So just do it.

" On the notice also inform him the cost MUST be paid BEFORE he gets the new key. If he doesn't like it let him take you to court. He would not win. "

Think not?

How about constructive eviction?

HINT: Check MICHIGAN REVISED JUDICATURE ACT OF 1961 Section 600.2918.

But the LL has to be in charge, doesn't he?

Mine is future advice.

Do NOT allow a tenant to change the lock and provide you the key.

As a contractor who worked for professional landlords, I've come across many tenants who thought they could change the lock and deny access to owners and their workmen. Here are my solutions.

I make the appointment and have the owners keys to the property. The tenant isn't home and the keys don't work. So I call up the tenant, who never answers my calls and I post a notice on the tenants door.

I'm going to return in 24 hours and have left a lockbox on their door programed to a disclosed code. Either the tenant will put the keys to the front door into my lockbox, or I will:

a) Drill the lock out, install a new lock and place a new key in the lockbox.

OR

b) I will pick the lock, and make a set of keys for the their lock, giving the owner a set and keeping one set for myself.

Nicole, your advice is pretty good, but is it really different from allowing a tenant to change lock so long as he gives a key to LL?

The basic lease violation occurs when LL doesn't have a key to the changed lock whenever he needs to enter and has given notice of his legitimate right to enter according to the law. Any other "violation" such as having changed the lock intending to provide landlord with a key runs the risk of being judged as a NON-MATERIAL breach and/or a CURABLE breach, either one of which does not trigger a breach for which the tenant can be automatically evicted, no matter what the lease says.

RobertJ, another solution for the tenant is for him to simply call a locksmith who will make him a new key, at his expense.

An even easier one is for LL to call a locksmith who will make a new key for the landlord, and LL and tenant can argue over the expense. No lease clause, no danger of constructive eviction. Probably no trouble to charge tenant for locksmith expense.

My intention has always been, once I had his keys to remove his lock and replace it with one of my landlord locks.

Here is my lock clause, plus it's mentioned 2 other places

d) Locks: Tenant agrees not to change locks or put additional locks on doors without Landlord’s written permission. Landlord may remove any locks put on by Tenant. Tenant will pay the cost of the new locks.

" Landlord may remove any locks put on by Tenant. "

And then, will you leave the door without a lock, or will you install a lock without giving him a key?

1. Do you expect that this clause, on its own face, will be acceptable by a court? We never had a reply from P.B.[MI].

2. If you leave the door unlocked, what do you suppose will happen to his belongings? Who should he look to for recourse?

3. If you replace the lock, how will he get in? (or won't he. Is that the intention? What will a court think?) Surely you looked up what constructive eviction means. In IN its covered under landlord's warranty of habitability but called constructive eviction.

4. How high do you think that a tenant with an ambulance-chasing lawyer might get if he successfully proves a constructive eviction case? Do you expect that it will be covered by your insurance (including both YOUR lawyer's fees and the tenants lawyer's fees)?

Lana,

THIS is why my lease is long - to cover silly resident games. If it’s in your lease, enforce it.

He is playing you. He does not want you to see inside. There is something terribly wrong inside. THAT’s why he changed the lock and why he will never give you a key. He’s hiding or playing control games.

This also proves my point about never renting to cops. I realize he was not a cop when he signed but he probably had that “rules don’t apply to me” attitude. When things go sour I like to review the app and discussions hoping to discover what I missed.

Changing the lock and giving the LL a key is NEVER a good situation. Loses control.

Stay in control.

A simple way I keep control is to use the LandlordLocks.com TRAP screws. Tenant Resistant. They require a special security tip screwdriver to remove.

Me? No. No changing and key swaps. No to me having to keep track of odd keys. Only MY masterkeyed iCore locks from Landlordlocks.com and MY keys. I would send a text stating Management’s lock will be restored tomorrow. $75 in the lease. He can meet us at 6pm to remove his lock or the locksmith (my handyman) will drill it out. His choice.

If he still has the original lock that will save him an additional $75.

Stay in control. Life is easier this way.