Sign up to join one of the largest Law Forums on the Internet! Join Now!
Tweet Follow @LawBlogger1   

Advertisments:


Useful Links:

Bar Exam Flashcards
Discount Legal Forms
Discounted Legal Texts

Can land lord change locks without notice?

  
Tweet

Can land lord change locks without notice?

Postby hrafn » Sat Oct 29, 2011 3:42 pm

I was arrested on campus and the case is pending trial, i was released the next day. My school found out that i was arrested and based upon the lease provsions i may be suspend if the changes are serious. I will be supsend from campus apartments Febuary 11, 2008. I cannot contest this

However, before the suspension,after i return from jail, I had found my locks changed. I eventually found someone to give me the new key. But feel that this is a tort against me and added to my stress. that i had no access to my apartment without reason or cause or notice. I had to look for someone to give me a new a key. are there any laws against this


I live on an On campus apartment rental apartment in the State of New york. There is no provision in the lease agreement to allow the school to change my locks, while tenant still lives there.
hrafn
 
Posts: 0
Joined: Fri Apr 01, 2011 11:12 pm
Top

Can land lord change locks without notice?

Postby muireach » Sat Oct 29, 2011 3:46 pm

I'm not sure how it works on Campus. Are you talking about a dorm? or an apartment not owned by the school?

A normal landlord can not lock out a tenant.

http://realestate.findlaw.com/landlord/landlord-eviction/tenant-eviction-illegal-self-help.html

Don't Lock Out or Freeze Out a Tenant -- It's Illegal
Landlords are subject to penalties if they change the locks or shut off utilities to get a tenant out of rental property.

As any experienced landlord will attest, there are occasional tenants who do things that are so outrageous that the landlord is tempted to bypass normal legal protections and take direct and immediate action to protect the property. For example, after a tenant's repeated destructive behavior, a landlord may consider changing the locks and putting the tenant's property out in the street. Or, a landlord who is responsible for paying the utility charges may be tempted to simply not pay the bill in the hopes that the resulting lack of water, gas, or electricity will hasten a tenant's departure.

More to read ...

When tenants sue after being locked out or frozen out, they can not only sue for their actual money losses (such as the cost of temporary housing, the value of food that spoiled when the refrigerator stopped running, or the cost of an electric heater when the gas was shut off), but they can also sue for penalties, such as several months' rent. In some states, the tenant can collect and still remain in the premises; in others, tenants are entitled to monetary compensation only.
muireach
 
Posts: 0
Joined: Thu Mar 31, 2011 2:43 pm
Top

Can land lord change locks without notice?

Postby thom » Sat Oct 29, 2011 3:48 pm

What is it you are looking for here? Some way to sue the school/housing? I don't think your "stess" over being locked out of your apartment is a big deal. You did something that caused you to be arrested. How serious was it?
I can't imagine why they would change the locks and not remove your belongings, but I think I'd be more worried about whatever you have been accused of and your suspension .
They gave you a key, so you were not just kicked out.
You're just being pissy. You have more important things to worry about right now than a dumb lock-out.
thom
 
Posts: 0
Joined: Fri Apr 01, 2011 8:51 pm
Top

Can land lord change locks without notice?

Postby eilis » Sat Oct 29, 2011 3:59 pm

What you did not say is what you were arrested for. Since you will be removed from campus apartments, I presume it is a felony.

Thus jumping to this conclusion I also assume that the school could consider you a health risk to those around you, Changing locks is one way of getting your attention, and if you have a roommate you and he got a new key, then no foul. The roommate could have asked for new keys.

Was a girl involved??

Sounds like you have a lot more to worry about than trying to put blame on others. Fess up, you know you did something or charged with something more important than a key change.

This is a wake up call to you young fella. May you make the most of it. GOOD LUCK and my prayers go with you that you learn, even if you are not guilty of a felony.
eilis
 
Posts: 0
Joined: Fri Apr 01, 2011 7:55 am
Top

Can land lord change locks without notice?

Postby sebastiano » Sat Oct 29, 2011 4:12 pm

If everything you stated is correct, you probably would have a valid tort claim. However, the most you could expect to recover from such a claim would be a small fraction of what it would cost you to get it. (Attorney, court fees, depositions, investigations, etc.)
sebastiano
 
Posts: 0
Joined: Sat Apr 02, 2011 11:46 am
Top


Return to Rental Law

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 0 guests