I live in Ithaca, NY. My tenant changed locks with out permission and has not given me set of keys. Is this legal?

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I have an apartment that I am renting out. The lady who is renting it is not in residence for long periods. Recently, I noticed loud TV noises from the apartment and my renter was out of town. I tried to open the apartment door to go in and turn down the noise. Realized that the door would not open to my master key. The locks had been changed without even letting me know or giving me the new set of keys. Is this legal? My renter is not responding to repeated emails on this matter. What legal steps can I take? What is the best thing to do here? Thanks. Swapna Jayakumar

Attorney Answers

3
Steven Smollens ·
Dear Ithaca Property Owner: Your lease likely prohibits changing the locks without providing a copy. See a local lawyer. Most likely you will need to prepare a default notice (a notice to cure) and in the event the tenant does not provide a key, withing the allowed "cure" period, take the step of ending the lease by the early termination clause.
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Thomas Nicotera ·
As a landlord, unless somehow your lease prohibits this, you have access to the apartment for maintenance, emergencies and similar reasons. Have you lease reviewed by a landlord/tenant lawyer to be certain exactly what it permits. As my colleague indicated, it is most likely that your lease requires you have access and that the locks not be changed without you being given a key. if so begin the steps necessary to remove the tenant if they do not cure the violation.
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Eric Rothstein ·
Do you have a written lease? If YES, what does it say about keys and access to the apartment?
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