I own a home and rented a furnished room to a male tenant on a month to month basis. (I am a single female living alone) We have a signed month to month rental agreement that states a 30-day notice must be given. He has been a troublesome tenant - paid his rent late, has a drinking problem, has gotten a DUI since living with me and has harassed me on several occasions, once slapping me on the rear being very inappropriate. We had a discussion about his behaviour, he became heated, gave me his written 30-day notice, continued to be difficult and angry and argumentative, causing me to feel unsafe.

The police have been called and he moved out before his 30 days were up - VOLUNTARILY. He moved all of his belongings and has NO REASON to return. However he stated he would not return the house key.

Due to his behaviour I do not feel safe in my own home. I feel he was keeping the key to come back and harrass me. I am a single woman living alone and must think of my safety. Therefore I changed the locks.

Several days have passed and no communication from him then he showed up unannounced at my house last night as I was leaving for class. He said he called the police because he said I was breaking the law!!

I did not stick around because I was afraid, I knew he could not enter my home (it was secure) and I needed to get to my class.

What legal grounds do you think he has and what should I do to protect myself? He has never asked for any money back. He abandoned the premises with all his belongings, has no mail delivered to my house anymore, and really has no reason to come back - I really believe he wants to cause trouble.

If he came back within the 30 days he had paid for, regardless of moving out, he still had a right to come back. You called the police, but didn't get a restraining order, I take it.

Sorry, but that is the law. I would offer him a prorated refund of the month left after the day he moved out. He should have returned the key at that moment, but he didn't, and you could in theory have kept the rest of the month's rent, but changed the locks. So the burden is now on you. He of course is pushing the envelope with you, but just grit your teeth and give him cash and get a signed receipt for X days left of the month. I wouldn't write a check because of all the ways someone can 'use' a check.

Since he moved out.. and dissappeared... on his own... change the locks. I would send a registered letter to any known famiily member or employer... stating his stuff will be placed in storage if he doesn't retrieve it by such and such a date... (have some male friends come by the day he does IF he does)... then put his stuff into a storage fascility with the first month paid... and notify him its on him past that point...

It will cost you a small token amount but this way you can't be accused of stealing his property...

I would also make certain the police are aware of this... and there is a report filed.

Just out of curiousity as the timeline may be important... how long has it been since he left? How long since he gave you a notice? Is his rent current through this month or did it become in arrears at the beginning of this month or a previous month?

He doesn't have anything at my house he took it all when he left! And he won't take the money for the remainder of the month he paid!

He actually has no proof of rental payment either.

Can he sue?

Try not to worry about it... of course anyone can sue for anything, but it doesn't mean he will win.
Take a pic of the empty room, right down dates of what happened when so you don't forget, get a copy of the police report when you called them, the DUI you know about (and the one he called about too), maybe a statement or two from others who knew of your troubles with him, and just wait. He may not want to pay the $50 to file in small claims. I suspect that he just wanted to rattle you, and he succeeded.

So... he gave a notice... then he moved out before that time was up.. taking everything with him? And any time he has paid for is over... I.E. he paid last for October... gave his 30 days at the beginning of October... therefore he is NOT paid up through the end of November? If that's so, then change the locks now and if he tries to sue... tell him you'll see him in court...

If he is paid through November.. then you can't change the locks yet... because he never returned the key you can argue he never surrendered the property to you before that 30 days was up.

I can handle court I'm more concerned for my safety. He is clearly harassing me.

He did pay for November but moved out on the 9th - taking ALL his belongings. He did not ask for a refund but he did damages before he left. Isn't that grounds for locking him out?

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Originally Posted by peacecreature

I can handle court I'm more concerned for my safety. He is clearly harassing me.

He did pay for November but moved out on the 9th - taking ALL his belongings. He did not ask for a refund but he did damages before he left. Isn't that grounds for locking him out?

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Legally he can say he did not return the key because he was planning to return (as he has actually paid for the remainded of the month... and if you change the locks he can argue constructive eviction... and he might win. I would install some interior locks on the outside doors that can not be opened from the outside, like chain catches or something similar so he can't quietly sneak in at 3am... this way you could argue the locks were not changed... On Dec 1... you can legally change the locks... you can even sue him for damages and the cost of changing the locks since the key wasn't returned... but that might be an exercise if futillity collecting it.

I think you are right, he's trying to harass and intimidate you. I'll bet he knew your schedule and timed his visit knowing you would have to leave for class.

As long as you can prove that he vacated the premises and you asked for, but he refused to give you a key, I think a court will uphold your right to change the locks.

Now you say he damaged things, and no, that is not grounds for locking him out (without a police report AND a restraining order). Have you pictures of the damages? Repair receipts?
The burden is on YOU, not him, to justify changing the locks, and so far you haven't done it in a legally acceptable way.
As for harassment, I'm sure you know that the police can't do anything until something happens. Fear and even threats are not enough. Find someone to stay with you for a while.

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... he showed up unannounced at my house last night as I was leaving for class. He said he called the police because he said I was breaking the law!!

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He can huff and puff all he wants. Bottom line is that he surrendered the premises early. He moved out his stuff. He has no legitimate reason to come back.

He is not going to sue you for "breaking the law" because you didn't. And any court in the land would back you up on that.

I have his text messages and emails - stating he was voluntarily moving out and a neighbor witnessed him moving out while I was at work. She was helping me to monitor his activity while I was at work - in case he tried to steal anything or harm my dogs.

Do emails and texts hold up in court?

If he told you he was moving out, removed all of his belongings from the property, changed his mailing address and specifically told you that he was refusing to return the key then you were correct in changing the locks. Do a formal walk-thru of the property, take plenty of pictures, get written estimates for repairs and send him a bill for the damages plus the cost of changing the locks. Make sure that you send him this bill within the time required by your state law for return of the security deposit.

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Originally Posted by peacecreature

I have his text messages and emails - stating he was voluntarily moving out and a neighbor witnessed him moving out while i was at work. She was helping me to monitor his activity while I was at work - in case he tried to steal anything or harm my dogs.

Do emails and texts hold up in court?

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Yes, they will hold up in court.

If he tries to sue you for any reason, make sure you file a counterclaim against him for the damages to the property and the cost of changing the locks. You should get the written estimates for the repairs as soon as possible.

Thanks everyone. You have all been very helpful. Leaving and moving out all belongings voluntarily then purposely keeping the key and harassing me... my gut just tells me those actions of his are more than just wanting money or attention in court, that he could have the potential for real harm. I feel like I did the right thing changing the locks - money well spent and worth securing my personal freedom and safety. I also have my neighbors watching my place and a friend staying with me. I will take may chances with him in court... wish me luck! Hope you all have a pleasant day. :)

Oh shoot - one last question - what if he is still having mail sent to my house? When he gave me notice he was moving he would not give me his forwarding address OR his work address.

What do I do with his mail - I don't want that to be the excuse for him coming to my house.

You bring the mail to the post office and tell them that he has moved out and has not given you his forwarding address. If he hasn't given them a forwarding order they will take care of returning it to the sender.

Or simpy write on the envelope "Moved. Left no forwarding address", and put it back in the mailbox.