How can I get my ex girlfriend to remove personal items from my house and return the key?

Full question:

My girlfriend and I broke up and she moved out. Her name is on the lease and she is refusing to give back her key to the house. She moved a month ago and still has property in the house. What can I do with her stuff and how can I get my key back?

Answer:

California statutes make it the landlord's responsibility to address abandoned property. The landlord should deliver a notice to the former tenant specifying a deadline, at least 15 days if delivered in person, or 18 days if delivered by mail, in which the tenant must retrieve the property. The notice should decribe the property, specify when and where it may be picked up, any storage costs, and whether the property is subject to sale. For specific details on requirements,
It is a tenant's responsibility to return keys to the landlord when moving out. If the tenant fails to do so, the landlord may deduct the cost of new locks from a security deposit. A tenant may not change the locks unless allowed to do so by the lease terms or the permission of the landlord. It may be possible to speak with the landlord regarding deposits/payments of the former tenant or other property that may be withheld to cover the cost of changing the locks if the former tenant is unwilling to return the key. Otherwise, a remaining tenant may be able to have the landlord agree to replace the locks at his expense and seek reimbursement from the former tenant through small claims court.

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

If you break up and have a lease together, both parties are still legally responsible for the lease terms. This means you may need to continue paying rent until the lease ends or is terminated. If one person moves out, they may still be liable for their share of the rent unless the lease is modified or terminated with the landlord's agreement. It's advisable to communicate with your landlord about the situation to explore options.