Can we legally change the locks on our home if a rental tenant refuses to leave after his 30 day notice?

by **kyledyr** » Fri Jun 15, 2012 10:56 am

We are renting a room in our home. He was given a written 30 day notice, which he signed. It is now past the move out date. Can we legally change the locks? Or is this against the law?

by **dent81** » Fri Jun 15, 2012 11:02 am

It's against the law. If he refuses to leave, you will need to file a formal eviction lawsuit.

by **fiynn** » Fri Jun 15, 2012 11:04 am

It depends on the laws in your state, but in most you cannot do that with a person's residence (or take the door off it's hinges, or seize personal property, etc). What you need to do is begin the eviction process in accordance with your state or city's laws.

by **zackary42** » Fri Jun 15, 2012 11:06 am

No, you must evict him in court. Changing the locks woudl be illegal on your part.

by **chadburne48** » Fri Jun 15, 2012 11:09 am

If the sheriff witnessed the 30 day notice and you live in the house you can have the sheriff come remove them. You can change the locks after that, not before.

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