Houston, TX asked in Landlord - Tenant for New York

Q: Tenants sublease ends. Can i change the locks and have items removed, if not already, without legal trouble?

The apartment is originally in my name and am just subleasing. Can I change the locks without it violating or becoming a squatters right issue?

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James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: When your sublease tenant's term ends, you might want to change the locks and remove their belongings, but you need to proceed carefully to avoid legal trouble. Even though the apartment is originally in your name, subleasing creates certain tenant rights for the sublessee.

Before taking any action, confirm that the sublease has legally ended. Provide written notice to the subtenant if required by local laws. If the subtenant has not vacated the premises, you may need to follow a formal eviction process rather than changing the locks immediately.

Changing the locks and removing their belongings without following legal procedures could result in a legal dispute or accusations of unlawful eviction. It’s advisable to consult local landlord-tenant laws or seek legal advice to ensure you handle the situation properly and avoid violating squatters' rights or other tenant protections.

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