Changing locks

[mkathyf]

What is the name of your state?ohio.
A tenant’s Lease is up at the end of february. She has been training for a new job in Chicago and will be relocating.
She has not paid for January or february. She said she will be returning to the apartment february 22 to begin moving and will bring the rent at that time.
We have placed an eviction notice as protocal. But would like to inform her that we will be changing the locks and that we will meet her on the 22nd to collect the rent and then give her the new key. Can I do that.

We have a good relationship with her, but when I was inside today (with her permission) I was more than shocked at the condition. It is impossible to show the place, so will lose a months rent for sure.
Tubs and boxes and Clothing and trash everywhere. It was nearly impossible to walk through the apartment. (The boxes are not her preparation for moving.....she never unpacked things from a year ago)

So, helpful opinions are appreciated. (This is actually my sons duplex.....I’m just trying to help)

 

[STEPHAN]

You can not do that without her permission.

 

[reenzz]

You have the right to change the locks as long as you give her a new key.

 

[xylene]

You have the right to change the locks as long as you give her a new key.

Without rent as a condition.

 

[LdiJ]

To sum up what the others said. You are not permitted, under the law, to require her to give you the rent before you let her in the apartment to get her stuff. Until a court of law evicts her, she has to have unfettered access to the apartment.

Placing an eviction notice on the apartment does nothing more than inform her that you intend to file for an eviction. That does not give you permission to lock her out, again, until a court of law actually evicts her.

 

[Ohiogal]

You have the right to change the locks as long as you give her a new key.

WRong. If this woman returns to her apartment and cannot get in for even five minutes, that is an illegal lockout.

 

[Zigner]

I'd also like to point out that you can't "hold it against her" if the apartment is a mess right now.

 

[mkathyf]

I'd also like to point out that you can't "hold it against her" if the apartment is a mess right now.

I realize I can't hold it against her...but, I have never seen anything like this.; and this is not my first rodeo. I have seen a lot of conditions!. This is representative of a hoarder. These are not boxes that have been packed for moving.....this is stuff in every single room, on every piece of furniture on every square foot of floor space..... including the garage. Mind you, this is one person in a 6 room apartment with a garage. They have never been unpacked from a year ago....and have only continued to grow. But, as long as it is left clean...I'm good.
But, my biggest concern for my son, is that he is unable to show the apartment, due to the condition it is in. So, he will most likely lose at least a months rent.

 

[mkathyf]

To sum up what the others said. You are not permitted, under the law, to require her to give you the rent before you let her in the apartment to get her stuff. Until a court of law evicts her, she has to have unfettered access to the apartment.

Placing an eviction notice on the apartment does nothing more than inform her that you intend to file for an eviction. That does not give you permission to lock her out, again, until a court of law actually evicts her.

Thank you. That's kind of what I thought. I was just trying to find a way to insure that my son gets his money before she disappears and can no longer be found.

 

[adjusterjack]

I was just trying to find a way to insure that my son gets his money before she disappears and can no longer be found.

There is no way.

You have to wait until the court awards you possession.

Then you take your lumps like many other landlords before you.

 

[Zigner]

There is no way.

<Son will> have to wait until the court awards <son> possession.

Then <son> take <son's> lumps like many other landlords before <son>.

Fixed it for ya

 

[zddoodah]

would like to inform her that we will be changing the locks and that we will meet her on the 22nd to collect the rent and then give her the new key. Can I do that.

Can you do it? Sure, but if you're going to give the tenant a key after changing the locks, what is the point?

I'm not sure what you're asking beyond that.

I was just trying to find a way to insure that my son gets his money before she disappears and can no longer be found.

That's not possible, which is why he should have started the eviction process as soon as the January rent wasn't timely paid. All he can do at this point is try to minimize his inevitable losses.

 

[mkathyf]

I have one more question. Tenant has been away (Chicago) training for a new job. So, she hasn't been at the property for most of January and will not be returning until February 22; which is when she will be moving out.
There is a clause in the contract about "abandonment".
18. Abandonment. If Tenants leave the premises unoccupied for 15 days without paying rent in advance for that month, or while owing any back rent from previous months, which have remained unpaid, the Landlord and/or his representatives have the right to take immediate possession of the property and to bar the Resident from returning. Landlord will also have the right to remove any property that the Residents have left behind and store it at Tenant's expense.

So, given that, can the locks be changed? Our goal is not to make her life difficult...nor my son's. We most certainly would give her access to her belongings, but would like to make sure she pays for the two months that she owes.... prior to letting her in.
Any professional comments on the abandonment clause?

 

[Zigner]

I have one more question. Tenant has been away (Chicago) training for a new job. So, she hasn't been at the property for most of January and will not be returning until February 22; which is when she will be moving out.
There is a clause in the contract about "abandonment".
18. Abandonment. If Tenants leave the premises unoccupied for 15 days without paying rent in advance for that month, or while owing any back rent from previous months, which have remained unpaid, the Landlord and/or his representatives have the right to take immediate possession of the property and to bar the Resident from returning. Landlord will also have the right to remove any property that the Residents have left behind and store it at Tenant's expense.

So, given that, can the locks be changed? Our goal is not to make her life difficult...nor my son's. We most certainly would give her access to her belongings, but would like to make sure she pays for the two months that she owes.... prior to letting her in.
Any professional comments on the abandonment clause?

NO!
Tell your son to speak to an attorney and don't say another word to him Your thinking may cost him bundles of $$$

 

[zddoodah]

So, given that, can the locks be changed?

Can they be changed? Yes. However, your son should not assume that clause allows him to circumvent the eviction laws without a written statement of opinion from a local landlord-tenant attorney. In other words, just because the lease says that doesn't necessarily mean it's enforceable.

would like to make sure she pays for the two months that she owes.... prior to letting her in.

That's the rub. Unless Illinois law is quite unusual in this regard, this isn't likely something your son can legally do.