What recourse do I have if tenant changed the locks without my permission?

Full question:

After I remodeled my whole house, the tenant has changed the locks without my permission and when I asked for a copy she says no. She has until may 31 to vacate due to a 90 day notice for owner to occupy. what should I do?

Answer:

See the following from the Alabama Code:

Section 35-9-6

Notice to quit for breach or default of terms of lease.

When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease; which notice may be substantially in the following form:

"To A. B.:

You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being (here describe the premises), I have elected to terminate your lease, and you are hereby notifed to quit and deliver up possession of the same to me within 10 days of this date. Dated this _____ day of _____" To be signed by the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be necessary to maintain unlawful detainer.

Section 35-9A-303

Access. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. IT HAS NOT BEEN CODIFIED BY THE LEGISLATURE.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

(b) A landlord may enter the dwelling unit without consent of the tenant in case of emergency.

(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two days' notice of the landlord's intent to enter and may enter only at reasonable times. Posting of a note on the primary door of entry to the residence of the tenant stating the intended time and purpose of the entry shall be a permitted method of notice for the purpose of the landlord's right of access to the premises.

(d) A landlord has no other right of access except:

(1) pursuant to court order;

(2) as permitted by Sections 35-9A-422 and 35-9A-423(b); or

(3) unless the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.
(Act 2006-316, §1.)

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

In Alabama, while there is no specific law requiring tenants to provide landlords with a copy of their keys, it is generally expected. This allows landlords to access the property for necessary inspections or repairs. If a tenant changes the locks without permission and refuses to provide a key, it may be considered a breach of the lease agreement. Always check your lease for specific terms regarding keys and access.