What should I do about my ex-girlfriend's belongings and 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:

In California, landlords must handle abandoned property according to state law. If your ex-girlfriend has left belongings in the house, the landlord should send her a notice. This notice must specify a deadline for her to retrieve her items—at least fifteen days if delivered in person or eighteen days if sent by mail. It should describe the property, state when and where it can be picked up, mention any storage costs, and inform her if the property may be sold.

As for the key, it is the tenant's responsibility to return it when moving out. If she refuses to return the key, the landlord may deduct the cost of changing the locks from her security deposit. A tenant cannot change the locks without permission from the landlord or unless allowed by the lease. You might consider discussing the situation with your landlord about the former tenant's deposit or other property that could cover the cost of new locks. If your ex-girlfriend is uncooperative, you could ask the landlord to replace the locks at your expense and then seek reimbursement from her 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

When you break up and have a lease, both parties remain responsible for the lease terms until it ends or is legally terminated. If one person moves out, the other may need to cover the full rent unless the lease allows for subletting or has an exit clause. It's advisable to communicate with your landlord about the situation and consider legal options if necessary.