co-tenant won't return key & management says he has the right to keep it

[AtlasShrugged]

What is the name of your state (only U.S. law)? Alabama

My friend signed an apartment lease with her boyfriend for one year. They broke up and he paid a penalty fee of $2000 to get out of his portion of the lease. He still has a key to the apartment and the manager refuses to take it back saying he has the right to keep the key. She is afraid this will put her in danger of abuse or theft from him, and is being given the run around by the apartment manager on the apartments responsibility to take the key back. Is the apartment manager right about this or is this a violation of my friend's legal and safety rights and what should she do?What is the name of your state (only U.S. law)?

 

[FarmerJ]

Her best bet is to write to the property manager via certified mail requesting them to change the lock to her apt since he paid a fee to be released from the lease and to tell them she will pay for the lock change. If the LL refuses then she should consider getting a alarm system that can be aimed at the door ,( but not screwed down to anything ) that detects entry and sounds off with in a few seconds of entry if someone comes in that doesnt know about it and the pass code to shut it off. This way she will know if the unit is entered and its not permanent so it would be hers to take with when she moves.

 

[AtlasShrugged]

Is she really obligated to pay the fee to have the locks changed if management refuses to take the key back from him? I thought that returning the apartment keys fell under the "delivery of possessions" article in the landlord/tenant laws, where it states that the keys are to be returned to the landlord after a lease has ended or been broken.

 

[xylene]

Why doesn't SHE take the key back from him?

Or is that part of the drama?

Getting a key cut costs $1.29 (even if it is stamped DO NOT DUPE)

If she is afraid he will break in, him returning a key WON'T make her more secure.

She shoudl have delt with the lock re-keying fee as part of what went down when she agreed to have him released from the lease.

 

[Cvillecpm]

She should have the locks changed AT HER OWN EXPENSE and provide mgmt with a key.

This is HER DRAMA, not the apt management's * she made a bad choice and obviously is getting some jollies from the continued involvement.

 

[AtlasShrugged]

First, she did not know he was leaving her after 3 years until 3 days beforehand and was not consulted by management on any part of this before he bought out his lease. Second, this is a bad situation for her and is not the type of thing she wants. Last, if you do not have good legal advice please do not respond. I do not want comments from spectators. I'm am on here trying to find a legitimate solution to her problem.

 

[xylene]

First, she did not know he was leaving her after 3 years until 3 days beforehand and was not consulted by management on any part of this before he bought out his lease. Second, this is a bad situation for her and is not the type of thing she wants. Last, if you do not have good legal advice please do not respond. I do not want comments from spectators. I'm am on here trying to find a legitimate solution to her problem.

No one has made any unfair judgments

If he bought out of the lease, then she has been given a good amount of value.

I assume she now pays her same rent, but does not have to share the apartment?

During those 3 days she could have objected.

She still can push back on the management and the ex boy friend for the cost of re-keying

Returning the key WILL NOT secure the apartment anyway.

 

[FarmerJ]

Then her best bet is to get copies of everything from the LL by paying the LL a fee to reproduce copies of any thing they had written up between them and former BF and see a atty. One party of a lease cannot just get signed off to end obligation with out the other party agreeing to do so in writting. and to still request the LL change the locks as long as she pays for it. LL has no obligation to eat the cost of lock changes because of tenants personal life situations. BTW the cost should not be that high since most LLs especially those that use a mastered key system have spare locks on hand , it would just be the cost of labor most likely.

 

[xylene]

One party of a lease cannot just get signed off to end obligation with out the other party agreeing to do so in writting.

not necessarily.

that would depend on the terms of the lease, what the 2000 dollars paid for and

SHE certainly can't have any new obligations placed on her because he left.

For all we know he might have just paid off his remaining balance and said "i'm done - release me."

 

[Cvillecpm]

I suspect she now pays FULL rent - he just bought off the lease and SHE needs to have the locks changed. Again, management is NOT a party to this * they did not cause it and they have no responsibility for securing her or her property when she can certainly do it hereself.

 

[xylene]

I suspect she now pays FULL rent - he just bought off the lease and SHE needs to have the locks changed. Again, management is NOT a party to this * they did not cause it and they have no responsibility for securing her or her property when she can certainly do it hereself.

Well then, since landlord's can't collect double rent...

 

[AtlasShrugged]

Thank you farmer. Your advice is the only so far that remotely resembles what I have been able to find in the landlord/tenant laws. She has tried getting the key back from him, but he refuses. I don't understand why the manager wouldn't get the key back. Every time I or one of my friends has moved out of an apartment it was required that we give the key back and if not we would not receive part of the deposit back, because it would be put towards re-keying the apartment.

 

[Cvillecpm]

XY * he paid a PENALTY of $2,000. That does not mean he paid RENT.

AS * why would the mgmt be responsible for getting key back? Do they go with a GUN? Do they get the police?

 

[Baranov]

I don't know what the 2000.00 penalty was for, possibly for breaking lease, but that would not cover damages. Op needs to find out what the 2000.00 covers.

 

[AtlasShrugged]

Because they give you a key on the condition that you are paying the rent and are living the apartment, and when you move out the key is no longer yours to keep, because the apartment is no longer yours to have access to. That's why. I've never heard of an apartment complex just letting an ex-tenant keep the key.