Can a tenant change the padlock on an iron security door and keep the key to himself?
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Can a tenant change the padlock on an iron security door and keep the key to himself?
My husband runs a business in a building housing his and another business. He pays the owner of the building 20% of what he takes in every day. There is no lease or rental agreement. We have had issues with the owner allowing his 15 year-old son to enter my husband’s portion of the building when he is closed. My husband has opened the doors only to find that the owner’s son has left a mess and has used his equipment and tools and left them scattered about the place. We have discussed this matter with the owner to no avail.
Asked on August 31, 2010 under Real Estate Law, Kentucky
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, no. A landlord is entitled to the keys to his building. First off, your husband needs to negotiate a lease. He has a month to month but he needs a "regular" lease (I believe commercial would do here). How he wants to negotiate the rent is up to him. I would seek legal help with all of this part. Once you have a lease you have protections as well. Like against unreasonable entry by the landlord. You have always had a right to call the police on the son if you caught him there. He is a trespasser. I am sure that the landlord will try and say that he gave permission but he really can't. Ask the lawyer about that as well. Good luck.
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