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What can I do if my tenant changed the lock and won't give me a key?

What can I do if my tenant changed the lock and won't give me a key?

Full question:

I have rented my house in Montana three months back. My tenant has changed the lock to my rental property and has refused to give me the key to the new lock. My tenant says that I can access the rental property at any time in his presence, but I have no right to ask for or keep the key to the house. What remedies do I have in this situation?

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

Answer:

In Montana, tenants cannot change locks without providing a key to the landlord, as stated in 70-24-312(5), MCA. This law ensures landlords have access to their rental properties. If a tenant changes a lock and does not provide a key, the landlord has specific remedies available under 70-24-424, MCA. According to this statute:

If a tenant refuses to allow lawful access, the landlord can seek injunctive relief to compel access or terminate the rental agreement. The landlord may also recover actual damages.
If a tenant changes a lock without the landlord's permission and fails to provide a key, the landlord can either seek injunctive relief or terminate the rental agreement.

Therefore, you can either pursue legal action to regain access or consider terminating the lease due to the tenant's refusal to provide a key.

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 landlord doesn't give keys?

If a landlord does not provide keys to a rental property, it may violate the tenant's right to access the property. Tenants typically have the right to request a key, especially if it was part of the rental agreement. If a landlord refuses to provide keys, tenants may seek legal remedies, which could include filing a complaint or pursuing damages. It's important to review the lease agreement and local laws to understand the rights and obligations of both parties. *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.*

What can I do if my tenant changed the locks?

If a tenant changes the locks without your permission, you can ask them to provide a key. If they refuse, you may pursue legal action under Montana law, which allows landlords to seek injunctive relief or terminate the lease. It's crucial to document the situation and communicate with the tenant formally. If necessary, consult with a legal professional to explore your options. *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.*

Do I have to give my landlord a copy of my key?

In most cases, tenants are not legally required to provide a copy of their keys to landlords unless specified in the lease agreement. However, landlords typically have the right to access the property for maintenance or inspections, which may necessitate having a key. It’s best to clarify this in the lease terms to avoid misunderstandings. *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.*

Can landlord change locks after lease ends?

Yes, landlords can change the locks after a lease ends, especially if the tenant has vacated the property. This action helps ensure that the property is secure and that no former tenants have access. However, landlords should follow local laws regarding notice and access to the property. It's advisable to communicate with the tenant before changing locks to avoid disputes. *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.*

Can my landlord have a key to my home?

Yes, landlords generally have the right to keep a key to the rental property for maintenance and emergency purposes. However, they must provide reasonable notice before entering the property, except in emergencies. This right is often outlined in the lease agreement and is subject to state laws. Tenants should review their lease to understand their rights regarding landlord access. *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.*

Can a landlord change the locks without notice on a commercial property?

In most cases, landlords cannot change the locks on a commercial property without notice, as this may violate the lease agreement and the tenant's rights. Landlords are generally required to provide notice before making such changes, especially if the tenant is still occupying the space. It's important to review the lease terms and local laws to understand the specific rights and obligations regarding access and security. *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.*