If I lease to someone and they sign the lease, stating if they are 30 days late with rent the locks will be changed on the 30th day and their belongings placed outside, can I then do that legally without going through the court? I am considering becoming a landlord, but it really seems the deck is stacked for non-payers. I was wondering if a signed stricter lease holds up?Can I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?If you are going into the business of leasing I would contact an attorney first to make sure that it is legal otherwise you might get the cards stacked against you...and trust me those who are about to get thrown out know the law to a t....so contact an attorney firstCan I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?it sounds legally binding since they signed itCan I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?If they have signed such a contract and a witness signed on it also then it is legal and binding so you can go ahead.Can I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?You cannot have someone sign a lease stating that it's OK for you to do something illegal! It WILL NOT hold up! If it's illegal, NOBODY can give you permission to do it! I work for three attorneys. You need to get with a good attorney that will start proceedings for you as soon as they are 30 days late. It's ALWAYS in YOUR best interest to do things the right way to avoid problems down the road!Can I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?You'ld have to check with an attorney, of course, but it sounds legitimate, if they agreed to those terms and conditions, with their John Hancock on it. I know that if I were in your tenants shoes, I wouldn't take a chance with a judge. Thanks!Can I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?you must give a 30 day notice.. which instates you actually putting on e on their door and mailing one to there mailing address.... regardless of the signed lease.... but if there lease says that and you serve them a 30 day notice after the rent is 3 or 5 days late whatever stated in the lease then you could through there stuff out on the 33 or the 35th day... also be careful when throwing said stuff out that you dont damage it.... place all stuff on a tarp and cover with another tarp.. they can sue for damages if anything is unrepairable.... if someone picks there stuff up before them than you are not responsible and if it sits out there for more than a week you can charge them a dump fee... pretty simple. just make sure you cover your but with notices and paperwork mailed and deliverd to them so they cant come back and try to screw you overCan I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?I would suggest calling up your local courthouse and see what they say. I think Court is the next step when YOU want your money back, or when THEY feel you have illegally done something.
So in other words, even though you think you can change the locks because it's on the contract, that dosent stop them from taking you to court if they feel you've screwed them over.
Also, if you feel you want the money back, and they refuse to pay, you can take them to court.............so, you might end up having to go anyway.Can I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?For someone who is late with their rent it is best to get ahead of the problem immediately. You can always back off later, but you have to show strength from the start. The day after your grace period (if you have one) you should issue A Three Day Notice to Pay or Quit. After 3 days you issue a Thirty Day Notice to Vacate and go to the courthouse to find out how to take the tenant to court and file the paperwork as soon as allowed.
At any time during this process you can rescind the case if the tenant catches-up, including the court costs. I have found that many tenants are so shocked that you'd actually do this that many are never late again.
Usually a rock-hard lease heavily weighted to the landlord is frowned upon if you get the court. The main thing is to know what you are doing in the beginning. To stay on top of the tenants, being fair, but firm and not being soft-headed or soft-hearted. It's better to be a rock-hard landlord, enforcing a balanced lease.
So many people get involved in property management that don't seem to have a clue about the pitfalls that are possible. I suggest going to www.amazon.com and typing %26quot;landlording%26quot; in the search window. The last time I did that I got 200 hits. You can look at the reviews and then go to your library and see which ones they have.Can I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?You are easy!
Why give them a full 30 days to come up with the rent?
They should pay you by the 3rd, late on the 4th, considered in violation of lease on the 5th day, stuff on the lawn on the 6th day. You would have to give them a firm reminder notice of date rent is considered late and the consequences/when locked out. Also, put in stiff late fees, which sometimes is enough to get people's attention.
Every state is different; every community is different. Find out the rental laws in your area and make sure that the lease agreement you draw up follows the letter of the law. If violations occur, don't be a %26quot;good guy%26quot; and let it slide-even once! You are not their friend, confidant, nor financier. Do not EVER allow their rent to eat up the security deposit. Never! Spend a couple of hundred bucks on a real estate attorney to get the facts and have him/her draw you up documents if you need (if there are no forms provided for you under any agency for Landlords).
In Texas, there is the TAA. I've attached their link for you. If Landlords join their organization, then forms are made available to them. It is biased, in favor of, the Landlord. You want to be protected, you want to not let anything slip by. Each state has something like this for Landlords.
070108 3:03Can I change locks on someone and remove their stuff without the court, if they sign a lease agreeing to it?If any clause in your lease is contrary to your state's landlord/tenant laws - it will be legally unenforcable.
Tenants, even non-paying ones, have the right to be evicted through the courts. You cannot take away that right.
