Tenant wants to move out and keep key

[Dana Nasir]

Hi, I have a tenant who gave me a 10 day notice to move out. I told her that’s not okay, and that she needs to either pay for the rest of the months (rest of March and April) or she needs to find a sublet. She started ignoring my messages and I kept messaging over and over to get a response. She’s moving out tomorrow and she said she won’t pay before moving out, she’ll pay at the end of March and at the end of April. She wants to keep the key with her which I understand why if she’s moving out tomorrow. And I can’t guarantee she’ll return the key by the end of her contract, and I can’t even guarantee that she will pay. Would it be legal for me to change the locks if she doesn’t have anything in my house?

[James Mc Ree]

Check your lease for terms about abandonment and early termination of the lease.  It would be best to get her to sign something stating she is terminating the lease early or abandoning the property.  Your lease may give you permission to take possession of the property in these situations.  That would allow you to change the locks to secure the property, start maintenance work and marketing without concern she is coming back.