Legal Question in Landlord & Tenant Law in New Jersey
Tenant keeps changing locks
My tenant keeps changing the locks to her apartment. I have asked her for the keys several times, and she says she will give them to me but never does. What can I do? I know my rights are extremely limited as a landlord in New Jersey, and she's obviously aware of this, too. Please help.
1 Answer from Attorneys
Re: Tenant keeps changing locks
The best approach to this situation is to assess why you may need access and to let the tenant know what will happen if you have to get in. Do that in writing. Most leases state that the tenant can't change the locks and that the landlord has to be be given reasonable access and emergency access. So, write to the tenant to tell her that, if you have an emergency and can't get in using the key that you have, you will have no choice but to force entry. In that case, her belongings may be unguarded for a time until the damage is repaired and the lock replace at her expense. You should also send a notice to cease in the form required by the statute. That way, if there is reason down the road, you can use the violation of lease terms as a grounds for eviction.
If an emergency does happen and you do break in, don't just leave the door open even if that's what you said might happen. Use reasonable means to safeguard the tenant's property. That might include putting another lock or a chain on the door until things can be fixed if you can do that without unreasonable effort. If the tenant is inconvenienced by that, so be it.
See also: http://info.corbettlaw.net/lawguru.htm
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