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  1. #1
    Join Date
    Jul 2017
    Posts
    1

    Default Can You Change the Locks After Your Housemate Moves Out

    My question involves landlord-tenant law in the State of: New York

    I am the tenant of record in the upstairs apartment of a private house. My housemate, who was my tenant and not on the lease, got the last of her stuff out today (July 9, 2017) (she has been staying in her new place for several days) and returned one of two sets of keys. I asked her to leave, giving her 30 days written notice after she ignored 60 days verbal notice. She still owes me 1/2 of her June rent. We agreed that she could stay the week + of July rent free. The keys I received from the landlord and shared with her on moving in were 1 mailbox key, two building door keys and 1 apartment key. There is a 2nd apartment door key which I have never had. That's the background. My question is, may I (with my landlord's permission) change the lock on that second apartment door lock (giving the landlord a copy) before she returns the second set of keys or pays the last agreed upon rent?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Changing Locks After Housemate Moves Out

    Look, there's a lot of technical crap in the statutes that could remotely put you at risk if you change the locks without a writ of possession from the court.

    But, from a practical standpoint, she's out, her stuff is out, she has no further reason to return to the apartment.

    I would change the locks in a heartbeat.

    PS: Next time you even think about having a "housemate" think about whatever problems you had with this one and don't. Roommates are the kiss of death and I read hundreds of roommate sob stories on this and other legal websites.

    Google roommate sob stories and you'll get the idea.

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