My mom rented an apartment for me last year in January the utilities are in my name and I have made all the rental payments until this month. My rent was late this month and the landlord who is aware that I live in the unit not my mom called to inform my mom that the rent was late and my mom had the landlord change the locks on the front door can she do this? I live in Alabama and I think that I should have been given notice all my belongs and my dog and my 5 year old stuff is in the apartment. The rent is late by only 2 weeks and I had intentions on paying Friday!

Hello sect1:

NO! They cannot. Call the police. They will have her remove the lock.

Then go to small claims court and file a lawsuit against your landlord.

Then move.

excon

If your mom - the tenant - advised the landlord he could do this; then your recourse is through your mom, not your landlord since SHE is the actual/legal tenant and you are a sub-tenant. You need to call mom and advise her she needs to give you a key ASAP so you can take care of your dog, etc.

Next time, pay your rent on time.

I have lived there a year and this is the first time I was ever late and I had payment arrangements and kept in constant contact with the landlord about when the rent would be paid. I wish I was perfect like you and never ran into financial difficulties but if you ever did I would hope your mom wouldn't lock you out and your dog in.

Exactly - your Mom did this, not your landlord.

When you found out, you should have called the police and had them talk to/shame your mom into allowing you re-entry into the apt.

While this seems unfair, the landlord has no legal relationship to you. Your mom is her tenant, not you. You have no formal agreement with your mom. Therefore, your mom has the right to change the locks on the apartment.

Your beef is with your mom. But there is obviously something more going on here that you are not telling us. I suspect the reason the apt is in mom's name was because you were too young at the time it was rented. What I don't understand is why the drastic reaction. That's why I feel there has to be more going on here. From what you have told us, I see no reason for such drastic action.

I think you need to tell us the whole story.

At the time my mom rented the apartment I was in an abusive relationship and needed to move fast. I'm not young and I don't have bad credit; I didn't work because I was pursuing my Masters Degree I did graduate and began a new job as social worker working with the mentally ill. At one time my mom was institutionalized for bi-polar, manic depression, I thought this had past but now she is slipping back into her illness. The apartment was only to be rented in her name for 1 year that year is up and Im preparing to move into a HOME not apartment and I think she overreacted because she felt that she was losing control over me. She liked feeling that I was at her mercy. She has always had some issues but I honestly think she is getting worse. That's the entire story. Im back in the apartment and she is now fine another sign of bipolar disorder up and down mood swings. She refuses to seek treatment but I learned my lesson.

And so you know in the state of Alabama I am considered a primary resident of this apartment even though it is in my moms name and she would have to go through the eviction process of the court to have me move. She has a home and never received any mail or spent one night in the apartment so it is not considered her primary residence. She is considered my landlord and she is responsible to the original lessor. I spoke with an attorney about this and even though Im not going to pursue this I have a legal right to sue the original landlord for changing the locks. All the rent checks were paid by me my moms name is not on my account and the landlord communicated with me exclusively about the apartment even addressing letters to me and leaving voicemails when I had maintenance problems by doing this she accepted me as a tenant and primary resident of this unit.

See I knew there was more to this story, thought frankly I didn't consider those angles.

Yes your mom is your landlord. I'm not so sure your atty was correct since, as the person on the lease, your mom could request the change in locks. It depends on the reason she gave the landlord whether the LL might be liable.

But it sounds like you are back in the apt and preparing to move into your own home. So the issue now is how you want to pursue actions against your mom and the LL. Sounds like you really don't.

From a strict legal view point, not a moral one.

Your mom is the renter, and she and the landlord have a legal agreement.

You appear to be a sub renter ( or sub leasor) from your mother,

Actually since you were renting in all legal basis from your mother, even if you paid rent directly to the main landlord.

So your mother ( your landlord) locked you out.

Can she legally do it, no, but it is not illegal like calling the police, it is illegal in a civil issue, so you can now sue your mother if you want to.
And that would be on the verbal rental agreement you have with your mother to live there.

If you don't have a rental agreement, even a verbal one, you are a guest and she could lock out a guest.