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Tesue · Sep 3, 2011, 12:07 PM

My renter has just left after 4 years. She changed the locks on my home without asking me and did not give me a key. I only found this out after the end of her lease. She said she gave me all the keys but she had a forth which she kept. I asked her to return the key otherwise I would have to re key the locks. She told me she had thrown the key away. I called in a locksmith and changed the keys. I was not there to receive the invoice, and requested that he send it to me as he did not have a fax or computer. In the mean time I Emailed my tenant to let her know I would be sending her, her deposit as soon as I got the invoice. I received the invoice after calling the locksmith twice, and then immediately put the check in the mail. Her deposit got to her 9 days after 21 days. She now says I have to return the $107 otherwise she will take me to small claims court.

I am mad! What should I do?

Thanks,

Terry

joypulv · Sep 3, 2011, 12:25 PM

If she files, counterfile for the cost of rekeying the locks. You could sue her anyway but truthfully, small claims can be a waste because even if you win, there's no guarantee you'll ever be paid.
What state are you in that requires 21 days?

Fr_Chuck · Sep 3, 2011, 01:31 PM

Just say sue me, and see if they will. If they do, take photos of any damage done to the home, and the invoice for the locks and defend yourself.

ScottGem · Sep 3, 2011, 01:42 PM

First, ANY question on law needs to include your general locale as laws vary by area. However, if the law says you have to return the deposit or an accounting within 21 days then she may win.

The next issue is what notice she gave you. Did the lease require that she give you notice that she was not renewing the lease? If it does and she didn't, then she owes you additional rent.

twinkiedooter · Sep 3, 2011, 03:46 PM

You would have had the locks rekeyed anyway if you were a good landlord as there is no trusting an extenant to return all keys to you anyway. Most don't as a rule. Just tell this blowhard to sue you. And show the judge your locksmith bill and let the judge decide. You did return her deposit so I don't understand what her problem is. She had no business changing the locks - even if you decided to have them rekeyed at a later date. That would have been YOUR call not her call.

ballengerb1 · Sep 3, 2011, 04:02 PM

Terry, I actually think you may be up the creek on this if she bothers to take you to court. Still waiting to hear where you live but it sounds like you violated the deposit refund rule in your state, you will likely lose on that issue. Now the keyes, she had no right to change the locks but are her new locks not as good or better than the old ones. Rekeying is very frequently done, at your expense, when a tenant moves out. You say she returned 3 out of 4 keyes but she could have made a 5th key and given 4 and you would not know the difference. She could have told you there were only 3 keyes to start with and you would not have know the difference. I have 3 sets of lock tumblers for my rental and just switch them out with every new tenant. I'd give her the $107 and be happy she is gone. You could lose 3x that IF she takes you to court and wins.