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  1. #1
    Join Date
    Feb 2013
    Posts
    19

    Default Landlord is Threatening to Change the Locks Due to Unpaid Rent

    My question involves an eviction in the state of: ny

    My mother has missed one month of rent and also just gave the lanlord a letter stating she will move out the last day of April. Since she has not paid for the month of march the lanlord warned her if march is not paid he will change the locks. My mother also does not want to pay April but is willing to give him the deposit for 975 (rent is 750). My mother has lived there for 11 years and with her own money replaced all the windows except 1 in the bathroom and 1 in the kitchen she has also replaced the kitchen cabinets and kitchen flooring. Reason for her changing everything is because lanlord refused to change everything. Floors were falling apart, cabinets were falling apart and windows were old broken and she was afraid for her safety when it came to robberies in the area she lives in. It is a neighborhood watch area.



    But my question is does he have the right to change the locks after missing one month of rent a no giving him a letter stating she is moving at the end of April?

    Also no eviction letter was sent to her or a court date was issued in that county.

  2. #2
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Landlord is Threatening to Change the Locks Due to Unpaid Rent

    I hope this helps:

    Changing the locks on an resident's apartment without giving the resident a key would be a violation
    of the Unlawful Eviction Law (NYC Administrative Code §26-521) if:
    1) The resident is:
    • A tenant or subtenant with a lease,
    • An occupant who has lawfully lived in the apartment for more than thirty days (with or without
    the lease),
    • A subtenant, roommate or relative who has lived in the apartment for at least thirty days
    (even if the person is not on the lease and has not made any direct payments to the
    landlord),
    • A resident of a rent stabilized hotel room who has made a request for a lease;
    and
    2) The landlord does not have a warrant of eviction.

  3. #3
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Landlord is Threatening to Change the Locks Due to Unpaid Rent

    No, he does not have the right to change the locks. He does have the right to begin the process of eviction for your mother failing to pay her rent for March (and April).

    The issue of her replacing the windows and kitchen cabinets and flooring and the landlord not addressing repair issues over the years is a separate issue from her failure to pay March rent. Doing one does not justify not paying rent in the eyes of the law UNLESS she and her landlord have an understanding that the work she has done is in place of her paying the rent (and it doesn't sound like this is the agreement).

    Gail

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