If I have office space that I rented out month-to-month with no lease and the tenant has not paid rent this month, can I enter the office and change the locks?
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If I have office space that I rented out month-to-month with no lease and the tenant has not paid rent this month, can I enter the office and change the locks?
The tenant’s phone is disconnected.
Asked on February 15, 2012 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, you may not enter and change the locks unless the tenant actually surrendered possession to you (e.g. returned key, said he's moving out, etc.). Otherwise, you need to bring an eviction action (such as for nonpaymeent of rent) and seek a judgment of possession in your favor, followed by a lock-out (on a writ or warrant of removal) done by a constable, sheriff, or similar officer. If the tenant does not pay and does not show for the trial date for the eviction action, this should be a quick, inexpensive, streamlined procedure.
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