Tenants won't return keys

[Jessica Karran]

My tenants messaged me on June 29th and told me that they are moving out and leaving the continent (moving to Ireland) on July 8. They agreed to pay the month of July, and said they couldn't give more than a month's notice because things have been up in the air. We had an agreement that they could rent month to month, as long as they kept communication open and let us know of a move at least 2 months in advance because we rent from Mexico and our condo is in Canada. I was nervous to allow this and wanted a year lease but they assured me that it wouldn't be an issue. We have decided to list our condo for sale, and asked for photos on June 29th. They kept telling me "will do" and still haven't sent the photos, meaning I haven't been able to list it for sale. I arranged for my realtor going to meet them there on the 7th to take photos and they said they'd be available for a move out inspection on that day, however they will not respond to my messages asking for a time to meet. I have one set of keys here with me in Mexico, they have the only keys in Canada. They told me they would be packing and moving all weekend and then in a different message said they were out of town in Banff for the weekend. They have apparently already vacated my unit but I haven't seen photos, I don't know the condition of the place, and when I asked for the keys back, they said that they would feel more comfortable returning the keys at the end of the month (even though they are leaving the country in the 8th). They have my only set of keys there so this obviously is a huge problem. My question is this, since they have given me notice that they are vacating and leaving the country on the 8th, and the unit is empty as far as we know, am I entitled to change the locks after we do the move out inspection, even if they refuse to return the keys? 

[Randall Alan]

Wow... so many possibilities.  I had a lower end rental that sounded like this, and when I went to check on it, the tenants had listed the (landlord's) appliances on FB Marketplace trying to rip me off!  Was filling out a police report standing at the property when someone showed up to pick up the fridge... "uh... that's not for sale" the policeman and I told them. The guy was like, "I paid for it yesterday".  So much fun being a landlord sometimes! (never got my window ac's back and the DA wouldn't press charges for theft - even though I could show them the FB Marketplace ad where she was selling them!

You should have the right to access the unit at any time in the event of an emergency per your lease (hopefully).  They have certainly given enough signals that you were concerned for the welfare of the property, so you wanted to check to make sure it was secure, and nothing was missing that shouldn't.  

If they have truly moved out, accessing the apartment really won't matter.  If they still occupy it, you should give them notice as a courtesy.

My concern would be that they are holding off on giving you back the keys because they want you to have little recourse for the way they have left it!  What can you do when they have moved out of the country?  You are stuck!  Can I presume you have a security deposit with them?

Keys or not, a locksmith will be able to get you / your agent into the property as long as you can document that you are the owner of the property.  

The fact they retain the keys isn't as much of a worry to me, you just change the locks and charge them for them if they don't return the keys.  You can also just re-use the locks on another property down the line if you wanted.  

Best of luck!

Randy