Renter Said She Knows Her Rights!

[ramm543]

Our renter refuses to leave the premisis after being told to vacate for non payment and for not paying her rent on time and was served with 3 day notice to vacate.This lease was a verbal
aggreement and She stated she could not pay her rent as scheduled becuse she had car repairs the day before the rent was due. She also stated that she could not make payment untill the 3rd week after payment due date. After she was served with a 3 day notice to vacate, she changed all the locks and then made a phone call to me and said , "I Know my rights, You cant make me leave". She was served 14 days ago and still has not moved out and does not return our phone call. My Question is do I have the right to change the locks and hold her property untill payment is payed in full? Does she have the right to change the door locks with out notifing me? Please Help!

 

[djdj]

Yes you can change the locks and hold her property if you feel like spending time in JAIL..since that is totally Illegal..and the tenant can have you arrested!

Of course it is also illegal for a tenant to change the locks without giving you a key in case of emergencies too...
and if you had to break the door down to get in in an emergency the tenant would be liable for all damages...thats fair..


SO Are you a communist? then go back to your own country!

In America everyone has a right to defend themselves in a court of law, so you will have to evict her in court and WIN!

[Edited by djdj on 01-20-2001 at 04:21 PM]

 

[ramm543]

Thank you for your reply.

 

[ramm543]

Yes you can change the locks and hold her property if you feel like spending time in JAIL..since that is totally Illegal..and the tenant can have you arrested!

Of course it is also illegal for a tenant to change the locks without giving you a key in case of emergencies too...
and if you had to break the door down to get in in an emergency the tenant would be liable for all damages...thats fair..


SO Are you a communist? then go back to your own country!

In America everyone has a right to defend themselves in a court of law, so you will have to evict her in court and WIN!
NO MONEY
[Edited by djdj on 01-20-2001 at 04:21 PM]

 

[ramm543]

Dude, What is your problem? All i asked for was advice. I think giving a hug to mom might help! God Bless you.

 

[JETX]

So far I have read two of "djdj's" attempts at help and he seems to have a fixation on communists (claimed in both of them).

Anway, you obviously are aware that you have limited your options by not having a written lease agreement. 'Nuff said, another lesson learned.

So, with that out of the way, here are my suggestions:
1) Contact your local court (usually Small Claims). Tell them you want to file a Writ of Detainer. This is a process which will allow you to use the courts to evict your non-paying residents (as far as I am concerned they are no longer tenants).

2) Another option would be to talk with your local law enforcement about 'criminal trespass'. This is a rather touchy issue since the residents did have the right to stay there, but that right has now ended. The local PD may not want to get involved since they may claim it is a Civil matter. They are correct to a point. When the resident violated your (the owners) rightful demand to vacate, they have become trespassers.

3) Finally, as for the locks. You probably have every right to change the locks due to non-payment of rent (this would normally be provided in your lease). You should check with a local attorney for your specific rights in your state (this should be a simple matter and cost very little).

Summary, it sounds like you have a nasty situation brewing that needs to be stopped as soon as possible. And changing the locks to limit access may be one of the best solutions since I would be concerned for potential property damage by the 'disgruntled' resident.

And for 'djdj'.... yes, I do own some residential rental property and yes, I have used the criminal trespass when necessary to evict some 'squatters' in a FDIC home.