General Question

princessdee's avatar

My tenants sublease with his roomates. and regarding a 3 day notice to pay or quit?

Asked by princessdee (3points) May 15th, 2010

I have a tenant who allowed another person to sublease, now the sublessor is not paying his share of the rent, can my tenant serve a 3 day pay or quit notice and if on the 4th day can he change the locks on the door or can we as landlords change the keys if requested by the tenant. And can our tenant keep the personal properties of the sublessor until they come up with the money? Is it ok for my tenant to change the locks on the doors if the rent is not paid as requested?

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9 Answers

perspicacious's avatar

The law of the state in which you are located governs. There are many unanswered questions some of which should be answered in the sublease document. I can only suggest your find your state statutes online and search for landlord/tenant law which will most likely be in the title for property. Most states’ statutes are now online. Look in the legislature section of your state website. This is an opinion; not legal advice.

Buttonstc's avatar

Lockouts and appropriating personal property are both very risky moves which could lead to a nasty lawsuit. Unless one is certain that the law will back them up, there’s a very large “proceed with caution” sign hanging over this situation.

Also tricky is the fact that your tenant himself is not the landlord.

Research is needed before any ACTION is taken.

But this is not to say that your tenant may not be able to VERBALLY bluff him out. As long as it’s strictly verbal just between the two of them and no irrevocable action has been taken, it may be worth a shot.

If the other guy is not that savvy about the law, the idea of a lockout in ____ #of days and the prospect of losing his stuff might just be enough to light a fire under his ass and get him and his stuff out of there which is basically the goal here.

If the guy calls his bluff and threatens taking him to court, he won’t really have a leg to stand on since he’s the one at fault for not paying and it was all unprovably verbal.

Hopefully your tenant knows this weasel well enough to take an educated guess as to how well this guy knows the law.

Hopefully not and he’ll head for the door. If not, at least it was worth a try and you and your tenant are no worse off than before.

In the worst case scenario it may be necessary to get a court order for eviction. After 30 days, the Sherriffs office can seize his property and physically remove him from the property.

Putting on a good poker face may be enough to get the job done sooner.

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Haleth's avatar

I flagged it.

Even if they don’t have a sublease contract, landlord-tenant laws in your state probably cover this and you should look them up. I doubt three days is legal.

lillycoyote's avatar

@Haleth pointed out what you can and cannot do are governed by the landlord-tenant laws in your area, your state, which you should make yourself very familiar with if you are going to be a landlord, because, as someone mentioned, you could be sued. Illegal eviction, lock-outs, failing to return personal property are all very serious matters and you absolutely need to know what the laws are in your state, in your area, if you want to protect yourself. Not just to protect your property but to make sure that you are not engaging in illegal behavior which could “end you up in a heap of trouble” as they say.

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