Renters rights?

[messn'n'gommin']

I don't know if it has been discussed before (at least I haven't found it yet), but as a point of information to me, what legal complications would there be if a renter changed the locks on the entry door of an apartment/house? I own my home and really don't have to worry about it, but I'm also curious as to what the general consensus of US law would be. Yeah, a lease is a binding contract, but if it doesn't specifically state that one cannot do that, what legal recourse would a landlord have? I know of more than a few people that have a verbal agreement with the landlord to exchange a portion of the rent for modifications the renter makes to the property. If someone did change the locks on the apartment/house, would that someone necessarily have to give the landlord a key to the new lock before moving out? Certainly something to consider for anyone who rents and wants to grow.

What say you, counselors? Is this something most renters don't think of/know about or have I locked myself out of the house?

Namaste, mess

 

[ureapwhatusow]

every state and some local entities like counties or towns also have specific laws detailing your rights

lease agreements may be legally capable of setting some limits also

this does not state that you cannot lock internal parts of the house

adn under most circumstances only emergency would give landlords a reason to enter wihtout notice

this mean fire gas something of that nature

if your grow is in a bedroom and locked i think itss hard for anyone to make a case unless its leo looking for a escapee or firemen putting out an active fire that it can be legally entered under any circumstance

most landlords of private rentals fear losing their property if the get leo involved and will probably just want you out

big complex managed by management companies can afford to leave a place vacant while the law sorts things out

 

[messn'n'gommin']

every state and some local entities like counties or towns also have specific laws detailing your rights

lease agreements may be legally capable of setting some limits also

I agree, local laws and a lease will pretty much dictate what one can't do. But, that is my point if no such thing is prohibited by either what recourse does the landlord really have other than eviction? A lengthy and costly process!

adn under most circumstances only emergency would give landlords a reason to enter wihtout notice

this mean fire gas something of that nature

if your grow is in a bedroom and locked i think itss hard for anyone to make a case unless its leo looking for a escapee or firemen putting out an active fire that it can be legally entered under any circumstance

This assumes that a landlord wouldn't enter unless it was an emergency.

A few years ago a woman I was dating at the time had just bought a house. She had two dobies she kept inside while she was at work, but when home would let them out into the yard that was surrounded by a 6' chain link fence. A few months later the man she bought the house from told her, "You should do something about your dogs."

Another poster here, tells of the house next door that had been sold and he saw indications that the new owners were pretty much growing. He had a key to the house that the old neighbors had given him for emergencies and although he hadn't and wouldn't have used it, it also points out that anyone with a key could gain entry to the dwelling.

Still another poster here told how he was busted when he came home because the cops, with the landlord, had "smelled" weed and had found his grow. It may or may not have happened the way the cops said it did, but if the landlord didn't have the key to the front door I wonder if the cops would have been there to "smell" his grow.

most landlords of private rentals fear losing their property if the get leo involved and will probably just want you out

big complex managed by management companies can afford to leave a place vacant while the law sorts things out

Again, to get someone out, the tenant will have to vacate the premises willingly or the landlord will have to proceed with eviction. A lengthy, time consuming and costly process.

As long as one pays their rent and utilities on time, keeps the place clean, causes no problem to the other renters or to the property itself, I see little problem in the way of changing the locks, whether or not the landlord likes it. That is where I wonder what the legal implications are? What legal recourse does the landlord really have other than eviction? I don't think most landlords will push someone who is a model tenant too hard.

Namaste, mess

 

[medmaker420]

I change the locks on all apartments and do not tell the owner nor do I give him a copy ever. If it is an emergency then they can do exactly what a cop or fire department would do and kick the fucker in.

Being my home while under lease or rent gives them ZERO reason even if they ask for it to come in unless in an emergency. I don't give two shits what any lease or rental agreement says because when it comes down to it, renters are like wives - cheaper to keep her.

Let the renter have their privacy versus trying to haul them to court and it getting thrown out over privacy rights or other loop hole.

 

[messn'n'gommin']

I change the locks on all apartments and do not tell the owner nor do I give him a copy ever. If it is an emergency then they can do exactly what a cop or fire department would do and kick the fucker in.

Being my home while under lease or rent gives them ZERO reason even if they ask for it to come in unless in an emergency. I don't give two shits what any lease or rental agreement says because when it comes down to it, renters are like wives - cheaper to keep her.

Let the renter have their privacy versus trying to haul them to court and it getting thrown out over privacy rights or other loop hole.

Well said and I agree wholeheartedly! I would do exactly the same, and did when I bought the house I am living in now! I figure as long as I am paying my bills, keeping the place clean and causing no trouble for anyone, it is no one's business what I do, short of violence, on the inside of my front door. Still, a landlord can, for example, give the renter notice that an inspection will take place on such-and-such day and I don't have the first clue to what legal obligation the renter has to such a notice. Just what legal rights, generally speaking, does a renter have in relation to a landlords rights for something as simple as changing the locks?

As long as the landlord wasn't ever a dick, I would just leave the locks in place and be more than happy to give him/her the keys after I had moved out, as well as the original lockset. No sense burning bridges behind you when you don't have to. But, that's just me.

Namaste, mess

 

[dopey the clown]

I change the locks on all apartments and do not tell the owner nor do I give him a copy ever. If it is an emergency then they can do exactly what a cop or fire department would do and kick the fucker in.

Being my home while under lease or rent gives them ZERO reason even if they ask for it to come in unless in an emergency. I don't give two shits what any lease or rental agreement says because when it comes down to it, renters are like wives - cheaper to keep her.

Let the renter have their privacy versus trying to haul them to court and it getting thrown out over privacy rights or other loop hole.

I disagree with your approach. If a landlord were to come in to fix a leak or some other emergency without you knowing and you had changed the locks, you're in serious shit. First, you broke the lease in virtually every possible lease. You're out a security deposit and they generally don't have to wait the standard 30 days to kick you out when you break a lease under such circumstances. And trust me, they'll be pissed when they found out you changed the locks and will want to go through with it. Additionally, if it was an emergency and they had to call the fire department, the damage done during the time they took to call the department would be on you. Not to mention the fact that they will be sniffing around every corner of your place, being incredibly pissed off at you. No chance they wouldn't find your grow. Can you imagine if you had a leak or something of the sort that was building pressure and collapsed an entire apartment floor? It happens. They might even call the cops just to have a peak, which they absolutely can do.

Moreover, if they give adequate notice they can come in to sniff your farts if they so choose. 24 hours in my state. They come in annually to do a general inspection, and could do so every 90 days should they so choose. Or they could randomly decide to do bug control; if they give you 24 hour notice they can come in and spray. Anything like that.

I highly advise any and all renters against changing the locks in virtually all renting situations. I just don't see the benefit. If a landlord tries to enter a place and finds you changed the locks, they generally aren't going to go home and write you a nasty letter. They'll call the fire department. Then, it's your ass.

I respect your feelings towards privacy and all, but I think unfortunately the law is on their side on this one. Best to chance it.

 

[SmokyMtnToker]

I thank God every day for my landlord...he has not asked to come in my rental house for over 3 years.He is confident, I am sure, that all is well. But, I give him NO reason to want to come in. I never ask him for any repairs that I can do....so it costs me a few bucks but so what? I keep the yard mowed and my nice shiny older Benz in the driveway...all seems like a retired guy who has pride in his home.

I pay my rent on time, never a day late, never ask for help, never make any excuses..and although he has a key that would let him in the growroom is locked with a padlock and he does NOT have a key to that, obviously.I suppose I am relying on luck to a degree, but I am confident that if he ever did come in in my abscence, and found suspicious equipment, etc...he would simply call me and demand I get rid of it...I do not think he would call the pigs. He wants a renter that costs him as little as possible, and I am that renter. So, he has every reason to NOT want to find anything out that would mean a new tenant, maybe not as self sufficient as me.

Since I must grow, and since I cannot afford a home of my own, I must rent. Under the circumstances I cannot have a better landlord, and the situation is stable, and has been for years now.I fear no incidents other than a fire or medical emergency...someone breaking in and ripping me off while doing a regular burglary worries me more.

Be the ideal renter and keep the critical areas locked up. If the LEASE does not spell out your rights, write them in before signing!! make SURE there is a 24 hour minimum notice for any inspections..so you can at least get the place clean before any visits. I would never rent a place that allowed on the spot inspections, no way.

 

[Muleskinner]

I know in my state the landlord cannot come in legally without 1) one week's written notice or 2) 24 hour verbal notice to tenant.

In other words, if the landlord tells you over the phone or in person he's coming in he can come in 24 hours later. If he can't reach you verbally then he can give you written notice 1 week in advance. Either way at that point you can't legally keep him from coming in.

Also in this state if the landlord violates the above rules you're allowed to change your locks and not share the keys until the end of the lease.

I've changed the locks of every house I've owned or rented immediately upon moving in. My strategy with the landlord has been to play dumb and not mention it until he asks. You can always say you got a key made for him but forget to give it to him, that is totally reasonable and believable.

My landlord is a total prick and wants to inspect every 3-4 months, I can't legally stop him, but there's no fucking way he's getting in when I'm not home, I changed the locks and have not said anything about it.

 

[messn'n'gommin']

I know in my state the landlord cannot come in legally without 1) one week's written notice or 2) 24 hour verbal notice to tenant.

In other words, if the landlord tells you over the phone or in person he's coming in he can come in 24 hours later. If he can't reach you verbally then he can give you written notice 1 week in advance. Either way at that point you can't legally keep him from coming in.

Also in this state if the landlord violates the above rules you're allowed to change your locks and not share the keys until the end of the lease.

I've changed the locks of every house I've owned or rented immediately upon moving in. My strategy with the landlord has been to play dumb and not mention it until he asks. You can always say you got a key made for him but forget to give it to him, that is totally reasonable and believable.

My landlord is a total prick and wants to inspect every 3-4 months, I can't legally stop him, but there's no fucking way he's getting in when I'm not home, I changed the locks and have not said anything about it.

Thanks for your input! lol...Yeah playing dumb then asking the obvious (and rhetorical) question, "I didn't know I had to tell you. Besides, how did you know I had changed the locks when I wasn't home?"

Even then, 24 hours should be enough time for someone to break down their grow.

Namaste, mess

 

[ilovethewest]

shit, now i gotta go spend another 50 bucks for a door lock. also dont forget the window braces, just too easy to open windows, gotta have that bar in the bottom of the window sill on every window. people really dont want to break windows, too much noise and not stealthy enough. also my neighbor told me he say a maintenance person breaking in to fix something. happens, they are lazy people who dont care about notice and shit like that. then he told me he would put a 12 gauge slug through the fucker if he tries to to that on either of our places. a good neighbor is priceless.

 

[BurmeseDragon]

Not reading every other answer, but most leases say that you cannot make ANY MODIFICATIONS, so that means lock changes....but I have yet to have a landlord point that out.

I just say something like I don't trust the maintenance guy, or who had the last apartment...it's very standard to want locks changed when you move. Worst case is that they want a key, but fact is as long as they give you a notice they should never have to try the lock.

 

[oregon024]

When I got my house my landlord came in with us tried his keys on all the doors.One he coudn't get and said they changed the lock that illegal.But you know people do it hell I do it.I don't want anyone having access to my grow.

 

[Shiherlis]

If I change my lock without telling my landlord and he needs to enter someday I'm not home, I think my grow would be less secure from that point on. Unless you are upgrading to a better lock or something, the reason can't really be anything other than you don't want your landlord specifically coming in. So that's the message it would send, that you have a reason to not want him to come in ever. Nobody besides me and my landlord has a key, assuming he rounded up any other keys to the place floating around before I got here. I don't want him to have any reason to suspect I'm doing anything illegal on his property. I am curious to know if the average property manager or owner thinks about the possibility that tenants are growing. When they rent out an apartment to somebody new do they ask themselves, "is this guy going to grow pot in here?" If a landlord has been renting out 30 apartments for 10 years, with tenants moving in and moving out... how likely is it that he has ever discovered a grow? Is it a recurring issue? If my landlord knows I smoke in here will he watch for signs of a grow? Hopefully the only thing they really care about is getting the rent money on time.

 

[medmaker420]

You apparently do not understand the right to privacy then. When it goes TO COURT things are different and that "fear of being in serious shit" is all they have to hold over your head. Do a bit more research and actually learn rights and when it comes down to it once they sign over the property to YOU it is yours until the term has been met.

If they have to call the fire department for me I think the fucking LOCK ON THE DOOR is the least of my problems.

Tell me where you get all these rules about being able to kick you out faster? They can file the paperwork with the court and at that point they CANNOT force you out until the judge says so. Most times this entire process will NEVER be processed in under 30 days and many renters have stayed in a unit RENT FREE for over a year. Also if they win in court guess who doesn't have to pay the rent?

Also once they file the forms to get you removed they CANNOT accept any form of payment during that time.

I guess you are either VERY misinformed or from a state that has you by the balls. I am in california and all you have to do is look up renters rights and trust me as a renter you have more rights than the landlords IN COURT but they use that fear of eviction as their one and only HOPE that you fall in line.

I disagree with your approach. If a landlord were to come in to fix a leak or some other emergency without you knowing and you had changed the locks, you're in serious shit. First, you broke the lease in virtually every possible lease. You're out a security deposit and they generally don't have to wait the standard 30 days to kick you out when you break a lease under such circumstances. And trust me, they'll be pissed when they found out you changed the locks and will want to go through with it. Additionally, if it was an emergency and they had to call the fire department, the damage done during the time they took to call the department would be on you. Not to mention the fact that they will be sniffing around every corner of your place, being incredibly pissed off at you. No chance they wouldn't find your grow. Can you imagine if you had a leak or something of the sort that was building pressure and collapsed an entire apartment floor? It happens. They might even call the cops just to have a peak, which they absolutely can do.

Moreover, if they give adequate notice they can come in to sniff your farts if they so choose. 24 hours in my state. They come in annually to do a general inspection, and could do so every 90 days should they so choose. Or they could randomly decide to do bug control; if they give you 24 hour notice they can come in and spray. Anything like that.

I highly advise any and all renters against changing the locks in virtually all renting situations. I just don't see the benefit. If a landlord tries to enter a place and finds you changed the locks, they generally aren't going to go home and write you a nasty letter. They'll call the fire department. Then, it's your ass.

I respect your feelings towards privacy and all, but I think unfortunately the law is on their side on this one. Best to chance it.

 

[messn'n'gommin']

When I got my house my landlord came in with us tried his keys on all the doors.One he coudn't get and said they changed the lock that illegal.But you know people do it hell I do it.I don't want anyone having access to my grow.Illegal?

ennnh...I don't know about that, he may have just been saying that for your benefit. But, then again, that is why I asked about it in the first place, I don't know. Still, if it is in the lease (if you signed one) it may be legal cause for him to evict you. But illegal? I wouldn't think so.

Namaste, mess

 

[medmaker420]

That is the same mentality of a cop asking "may I search your vehicle, you would let me UNLESS you have something to hide".

A right to privacy is just that and without probable anything they can fuck off INCLUDING landlords.

I had a co-owner try and enter my unit WHILE I was there. I told him to immediately turn around since he was trespassing. His daddy is the other owner who then tried to sit me down and threaten me with eviction.

I told him I know my rights as a renter and all he kept saying was that he has been doing this for 30 + years and I told him apparently you haven't look at the government website for california renters rights lately then.

I told him according to MY rights he not only has to give me a specific time and date to enter it also must be for something that I agree to and unless it is an emergency I tell him NO. Can he get mad? you bet but can he actually do anything ? NOPE because when it comes down to it he would have to PROVE his cause for NEEDING to enter my unit and changing a filter or some other bullshit reason won't fly in court.

I would rather fight over changing the locks then to come home with a landlord going through my shit or locating a grow even if it is legal.

The banks don't go into home owners houses to check it out but sure some landlords do BUT I think renters of apartments think they have even less rights because it is an apartment.

Some stuff to read over for those in cali

http://www.dca.ca.gov/publications/landlordbook/index.shtml

also civil code 1954 and the sub sections are also worth reading over as well.

If I change my lock without telling my landlord and he needs to enter someday I'm not home, I think my grow would be less secure from that point on. Unless you are upgrading to a better lock or something, the reason can't really be anything other than you don't want your landlord specifically coming in. So that's the message it would send, that you have a reason to not want him to come in ever. Nobody besides me and my landlord has a key, assuming he rounded up any other keys to the place floating around before I got here. I don't want him to have any reason to suspect I'm doing anything illegal on his property. I am curious to know if the average property manager or owner thinks about the possibility that tenants are growing. When they rent out an apartment to somebody new do they ask themselves, "is this guy going to grow pot in here?" If a landlord has been renting out 30 apartments for 10 years, with tenants moving in and moving out... how likely is it that he has ever discovered a grow? Is it a recurring issue? If my landlord knows I smoke in here will he watch for signs of a grow? Hopefully the only thing they really care about is getting the rent money on time.

 

[Shiherlis]

I don't want to go to court. Even if my landlord finds my grow illegally my plants still die and I have to go through a process that I don't want to go through. Maintenance men have came in while I was gone, when there was a gas leak down the the street that affected my building. Maybe my landlord was there letting them in, is that illegal? I'm still looking for a website stating all the tenant laws for my state. Regardless, the police could just say they asked the landlord to let them in after they got a tip on the location. I'm a long way from Cali.

 

[dopey the clown]

You apparently do not understand the right to privacy then. When it goes TO COURT things are different and that "fear of being in serious shit" is all they have to hold over your head. Do a bit more research and actually learn rights and when it comes down to it once they sign over the property to YOU it is yours until the term has been met.

That's just fundamentally incorrect. It is never your property at any juncture. You are a temporary resident living at the pleasure of the owner, who has certain obligations to you as a renter rendered by the state and local housing authorities. In California, they require 24 hours notice to enter for "reasonable requests and inspections." Trying to prove a request unreasonable in court? Good luck with that. The court has said that an inspection every 90 days is reasonable when someone challenged it, for example.

If they have to call the fire department for me I think the fucking LOCK ON THE DOOR is the least of my problems.

What I'm saying is that there is no real advantage to the lock, because if he tries to enter when you are not home, and he wants in, he's getting in. Period. The odds of him trying to get in and throwing his hands in the air and driving home are one in a million. He'll try to get in, be furious that you had the balls to change the locks on his property, and take action. He'll find your grow anyway. Moreover, for random inspections that he gives notice on, what are you going to do when he comes knocking and noticing that you installed a new lock? That's shady as hell, he'll be furious and rightly so. You just violated your lease by messing with his physical property and causing a major safety violation for other tenants in case of emergency! It's inevitable that the landlord finds out about the new lock if he does inspections. It's like a sign that says "look at me, I'm suspicious!"

 

[kannubis]

What I have seen is renters basically have no rights. This is based on the old way of doing things in this country - unless you were a landowner, you didn't even get to vote. Sure you could change the locks, but if your landlord gets pissed, they could still kick in the door, take anything they like, call the cops to inform them of suspicious circumstances, say it was that way when they got there, and voila! You get what is left, and a leo investigation to boot.

 

[Dr. Smokepuma]

I don't want to go to court. Even if my landlord finds my grow illegally my plants still die and I have to go through a process that I don't want to go through. Maintenance men have came in while I was gone, when there was a gas leak down the the street that affected my building. Maybe my landlord was there letting them in, is that illegal? I'm still looking for a website stating all the tenant laws for my state. Regardless, the police could just say they asked the landlord to let them in after they got a tip on the location. I'm a long way from Cali.

if they see your grow your fucked...