My granddaughter recently signed a one-year lease with a friend of hers for an apartment. Within a month her roommate began to act very strangely and her behavior soon escalated to violent. She threatened my granddaughter and did other things that were both frightening and aggressive. At one point the police had to intervene. Eventually we were able to get her to move out and my granddaughter found another roommate. The problem is, her old roommate never returned her key and the landlord refuses to change the front door lock. Their position is that the roommate signed a lease and since she has refused to sign paperwork releasing herself from that obligation, the lock can’t be changed. I find it difficult to believe that the landlord has no way to release someone from a lease when they have refused to cooperate or communicate in any way. I am frightened for my granddaughter’s safety and am wondering if there is a legal way to make the landlord change the lock. We live in California. I greatly appreciate any legal guidance that can be provided.

Ok, first. Can a lease be canceled due to a crazy roommate. Since she's not a roommate or resident anymore, even if she'd break into the house and crashed everything around, I don't see how that's your granddaughter's fault. No, I don't think so.
Second. If there is a legal way to make the landlord change the lock. I suppose you could visit a local PD explaining them a situation, and talk them to convince a landlord. I don't see other ways.

Needless to say, I never knew a better lock then a loaded gun under the pillow.

The landlord is concerned that the crazy roommate might sue the landlord for wrongfully locking her out.

There may be a legal way to make the landlord cooperate, but it would require the services of an attorney. My suggestion is that your granddaughter will probably find that hiring a locksmith is cheaper than hiring an attorney.

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Originally Posted by get8p

(As to whether granddaughter can cancel the lease) ... No, I don't think so.
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Agreed.

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Originally Posted by AK lawyer

My suggestion is that your granddaughter will probably find that hiring a locksmith is cheaper than hiring an attorney.

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My concerns are landlord might not be too happy about it if guys didn't made the consensus.

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Originally Posted by get8p

My concerns are landlord might not be too happy about it if guys didn't made the consensus.

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I don't understand the "if guys didn't made the consensus" part. You mean that the LL might not agree with the choice of locksmith? Assuming that changing the locks isn't prohibited by the lease, that's just too bad.

Re-keying a lock (as opposed to actually changing the lock) is just a matter of putting new tumblers in the existing lock and cutting a new key. She should give the LL a copy of the new key if LL requests it.

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Originally Posted by AK lawyer

You mean that the LL might not agree with the choice of locksmith?

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Ah-hum. That's what he said:

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Originally Posted by amccarren

landlord refuses to change the front door lock

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By the way

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Originally Posted by amccarren

I find it difficult to believe that the landlord has no way to release someone from a lease when they have refused to cooperate or communicate in any way.

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Me too, and that's another reason for you to consult someone from a local PD or notary.

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Originally Posted by get8p

... Me too, thats another reason for you to consult some1 from a local PD or notary.

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Better yet, get your legal advice from the lady at the flower shop. [/sarcasm]

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Originally Posted by AK lawyer

Better yet, get your legal advice from the lady at the flower shop. [/sarcasm]

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What's bad w/ consulting to notary or police officers? Lawyers are expensive, u would know that.

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Originally Posted by get8p

What's bad w/ consulting to notary or police officers? Lawyers are expensive, u would know that.

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As the saying goes, "You get what you pay for."

A police officer might perhaps have a fairly good idea whether something is a crime or not in his or her jurisdiction. He or she wouldn't necessarily have a clue about landlord-tenant law. And it's not a police officer's job to (as you suggested earlier in Post #2) try to "convince" a LL who is not breaking the criminal law. In fact that might be viewed as an improper attempt at intimidation: something the officer should be disciplined for.

A notary presumably knows how to notarize a document. But, again, has no special training in any other portion of the law.

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Originally Posted by get8p

What's bad w/ consulting to notary or police officers? Lawyers are expensive, u would know that.

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While a lawyer might be a notary, a notary doesn't have to be a lawyer. A notary is nothing more than a professional witness and doesn't necessarily know anything about the law. Police officers also may not know much about the law, especially civil law.

You are new here so you may not be aware that answers in the law forums require a higher standard of accuracy and need to confirm to established statute. Please be more careful about accuracy when responding in these forums.

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Originally Posted by amccarren

Eventually we were able to get her to move out and my granddaughter found another roommate. ... I find it difficult to believe that the landlord has no way to release someone from a lease when they have refused to cooperate or communicate in any way.

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You need to clarify some things here. Both your granddaughter and the roommate co-signed the lease? How were you able to get her to move? What proof do you have that she moved?

I can appreciate the landlord's position.Without reasonable proof that a signed leasee has moved, the landlord can be in a difficult position if he locks out a tenant.

So why doesn't your granddaughter change the locks and give the landlord a key. That removes the landlord's liability and puts it on the granddaughter. If she's confident that she has enough proof the former roommate moved out, then she is safe.