Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

My brother signed a lease and the landlord refuses to give him the keys. Can he hire a locksmith and move in?

Bankruptcy and Debt 2 views 4 answers
My brother signed a lease and is supposed to move in this weekend. The realtor contacted him this morning and told him that the HOA said he can't move in there because they doesn't qualify due to their credit score. Apparently HOA requires a certain score for their tenants despite the landlords requirements. The realtor failed to run everything by the HOA before renting the place. He told her that he already paid and signed the lease and it is a binding contract and he wants the keys. The realtor refuses. He wants to just get a locksmith to open the door since he has his lease. Can he do this? What other options does he have? He has to be out of his old place by Monday and he already put the utilities on in the new place and switched his daughter's school.

Attorney Answers

4
Edward Fucillo ·
I agree with Mr. Tischauser and add that your brother should not attempt to enter the property with or without a locksmith as it could be construed as breaking and entering due to the fact that the lessor's agent has not given possession of the property to him. It is also possible that the lease he signed states it is contingent upon HOA approval.
0 upvotes
Shawn Alexander ·
I agree with the answer above. I would recommend your brother see a lawyer today and get this agent and landlord it touch with reality today. There appears to be several issues that will need to be sorted out at once. Use the find a lawyer tab above to get help. You may have to talk with a couple of lawyers to find one who has time on short notice , but don't give up. Good Luck
0 upvotes
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
He needs to hire a lawyer ASAP to address this properly BEFORE it gets out hand. He may need to move somewhere else and file suit and a complaint with FREC against the realtor. This will also involve the terms of the lease.
0 upvotes
Jonathan Klurfeld ·
He needs to hire a lawyer ASAP and not break into the property. That could get him put in jail as it is criminal. He has no right to be there as the association has not approve the application and they have the final say if he can live there. He may have a claim to get all of his money back (and perhaps moving costs) because approval of the association was not timely sought.
0 upvotes

People Also Asked

Are we still liable as guarantors after a chapter 7 filing?… 2 answers When working "on call shifts" at a restaurant what is the minimum amount of hours your emp… 3 answers What is notice of dropping party filed by the plaintif, in a pending foreclosure ?… 1 answers Does a Last Will and Testament need to be filed with the Clerk of the Courts office to be … 3 answers What can be done about threats left on voice mail?… 2 answers What is the consequence of continued driving after revocation charges in Minnesota?… 3 answers

Browse by Practice Area

Litigation 203,510 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii