Can a landlord change a tenant’s lock while the tenant’s stuff is still inside and at no knowledge to the tenant?
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Can a landlord change a tenant’s lock while the tenant’s stuff is still inside and at no knowledge to the tenant?
Asked on May 2, 2012 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, a landlord may not do this. Even if the tenant's lease has expired or the tenant has committed acts which would provide grounds for eviction (e.g. failed to pay the rent; violated important lease provisions after notice to stop such violations), the landlord may still not lock the tenant out. Tenants may only be locked out or evicted by court officers (such as sheriff's deputies or constables), following the landlord bringing and prevailing in an eviction action. Only the courts can order a lock out.
Also, landlords have no right to keep a tenant's belongins or prevent the tenant from accessing his or her belongings, even if the tenant owes the landlord money.
A landlord who does these things would have committed illegal eviction and possibly a form of theft (taking another's belongings) as well, and could be liable to the tenant for both reinstatement in the premises and for monetary compensation.
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