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Landlord Tenant
Can I sue my apartment company for charging me a termination fee after a burglary?

Can I sue my apartment company for charging me a termination fee after a burglary?

Q: Can apartments change locks for you?

Landlords can change locks, but they usually must provide notice to tenants and may need a valid reason, such as a lease violation. In some states, landlords are required to give tenants a new key after changing locks. Always check your lease agreement and local laws for specific rules regarding lock changes.

Full question:

A little over a month ago, I had my locks to my apartment changed. I took a key, my roommate took a key, and I gave two keys to the maintenance guy to take to the office. Later my apartment was burglarized and my $1500 TV was missing. Immediately on finding this out I went to the manager's office and asked to see the copies of my apartment keys. The manager only had one copy of the key. I'm not sure if this is enough evidence to sue in small claims court and if that is enough information to win. I left the apartment b/c I didnt feel my things were safe there. If they did it once, they could do it again. The apartment company is charging me $1900 for terminating my lease. They said its for damages, but someone was renting the apartment 7 days after I moved. Are they able to collect $1900 from me? The company says the termination fee is equal to no more than 3 times my rent, but then their getting rent from someone else (the new tenant). Can I fight this and win in court?

Category: Landlord Tenant
Date: 04/07/2025
State: Arkansas

Answer:

The relevant Arkansas laws are as follows:

Under Arkansas law (Ark. Code Ann. § 18-16-110), a landlord is generally not liable for property damage caused by defects unless they agreed to maintain the premises and failed to do so reasonably. Regarding lease termination, a landlord cannot charge more than three times the rent for termination fees (Ark. Code Ann. § 18-16-304). If you terminated your lease and the landlord is charging you $1,900, they must itemize any damages and return any security deposits within thirty days (Ark. Code Ann. § 18-16-305).

If the landlord rented your apartment shortly after you vacated, you may argue that they should not collect the full termination fee since they are receiving rent from a new tenant. If you believe the landlord's actions were improper or that you were wrongfully charged, you could potentially recover damages in small claims court (Ark. Code Ann. § 18-16-306). However, the outcome would depend on the evidence you can present regarding the key situation and the lease termination.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if a roommate changes locks?

If a roommate changes the locks without consent, it can create legal issues. Generally, all roommates should agree on changes that affect access to the apartment. If you are locked out, you may need to seek legal advice to resolve the situation. In some cases, you might be able to request a court order to regain access, especially if you have a legal right to the property. Always check your lease agreement for specific terms regarding lock changes.

What rights does a roommate have?

Roommates have rights based on the lease agreement and state laws. Typically, all roommates have the right to access common areas and their private spaces. They also have the right to be notified of any changes affecting the lease, including lock changes. If disputes arise, it may be necessary to refer to the lease or seek mediation to resolve conflicts.

Can apartments change locks for you?

What happens if my roommate moves out and stops paying rent?

If a roommate moves out and stops paying rent, the remaining tenant may be responsible for the full rent unless otherwise specified in the lease. It's important to review the lease terms regarding roommate obligations. The remaining tenant may also seek to recover unpaid rent from the departing roommate, potentially through small claims court.

Can a landlord change locks after a tenant moves out?

Yes, landlords can change locks after a tenant moves out. Once a tenant has vacated, the landlord has the right to secure the property. However, they must follow any applicable state laws regarding notice and the handling of the tenant's belongings. Always refer to the lease agreement for specific terms related to lease termination and property access.

What if my roommate changed the locks?

If your roommate changed the locks without your consent, it may be a violation of your rights as a co-tenant. You have the right to access your living space. It's advisable to communicate with your roommate to resolve the issue amicably. If necessary, legal action may be considered to regain access, depending on the circumstances and your lease agreement.