Legal Q&A: Can tenants change the locks?

December 28, 2015

Question: I am considering leasing to a corporation for use by their relocating personnel and/or short time visitors. Who/what do I name as the tenant (s) to assure that any future legal action can be handled expeditiously?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: List the corporation and all occupants who are 18 or older as tenants on your lease documents.

Question: Can tenants change their locks without permission and refuse to provide a key to the property manager?

Answer: Most leases restrict any alterations to the premises without your permission or consent and most leases specifically restrict changing locks without the landlord’s permission.

Question: If a friend of a tenant appears to be living in the apartment, is there a time limit which allows me to compel the guest to fill out an application to be added to the rental agreement? Can the tenant have guests stay as long as they want?

Answer: If your lease prohibits subletting or assignment of the lease, or if your lease restricts the occupants to those named in the lease, the tenant could be in violation. You would need to prove that the person really moved in and was not just a guest. A common “guest” policy is two weeks.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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