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Is my landlord required to change the locks before I move in?

Is my landlord required to change the locks before I move in?

Full question:

I am a single mom of a three-year old, hearing imapired child. I signed a lease in mid-May on a duplex and prepaid my June rent; the 12-month lease, and my tenancy, was to start on June 1st. The previous tenant has not completely vacated (it's now the 4th). I now have a key, but so does the previous tenant. The unit has not been cleaned nor have the needed repairs been done. I asked my landlord when it will actually be ready for me to move in, and it won't be for at least another 10 days. I would like to know a few things:Is my landlord required to change the locks before I move in? I don't feel comfortable knowing that the old tenant may still have a key to my new home, especially because my daughter might not be able to hear an intrusion. Should I expect my rent to be pro-rated for this month, since the unit is not yet truly ready for move in? Or does the fact that I was given a key on June 2 mean that I have technically "moved in"? Does the fact that the unit was not mine on the first as agreed in the lease mean that the entire lease is now invalid?

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

Answer:

Review your lease agreement for details on possession and landlord obligations. Generally, landlords must provide possession as agreed and ensure the property meets minimum habitability standards. If the landlord fails to deliver the premises on time, you may seek alternative housing and potentially sue for the difference in rent, provided you take steps to mitigate damages.

According to California law, landlords must ensure that a rental unit is fit for habitation (Cal. Civ. Code § 1941). This includes making necessary repairs and ensuring the property is clean and safe. Additionally, landlords must install and maintain operable deadbolt locks on entry doors (Cal. Civ. Code § 1941.3). Therefore, you can request that the landlord change the locks before you move in for your safety.

Regarding your rent, if the unit is not ready for you to occupy, you may be entitled to a pro-rated rent for this month. The fact that you received a key does not necessarily mean you have officially moved in, especially since the unit is not ready as per your lease agreement. If the landlord failed to provide the unit as agreed, this could affect the validity of the lease, but it would be best to consult a legal professional for specific advice.

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

How does a month-to-month lease work in Texas?

A month-to-month lease in Texas allows tenants to rent a property on a monthly basis without a long-term commitment. Either party can terminate the lease with proper notice, typically 30 days. The terms of the lease, including rent and responsibilities, should be outlined in a written agreement. If the landlord or tenant wishes to change the terms, they must provide notice according to the lease agreement. It's important to review the lease for specific conditions and requirements.

At what age is a child considered an occupant?

In Texas, there is no specific age at which a child is legally considered an occupant of a rental property. Generally, any person residing in the unit, regardless of age, is considered an occupant. This includes children. Landlords may have specific rules regarding occupancy limits, so it's advisable to check the lease agreement for any stipulations.

What are the rules for month-to-month leases in Texas?

In Texas, month-to-month leases are governed by the Texas Property Code. They can be terminated by either party with at least 30 days' notice. The lease should clearly outline the rent amount, payment terms, and any other responsibilities. If a landlord wishes to raise the rent, they must provide notice as specified in the lease. Always review the lease for specific terms related to your situation.

Which of the following is a requirement for a valid lease?

For a lease to be valid in Texas, it must include essential elements such as the names of the parties, a description of the property, the rental amount, and the term of the lease. Additionally, the lease must be signed by both parties. If the lease is for more than one year, it must be in writing to be enforceable under the Statute of Frauds (Tex. Bus. & Com. Code § 26.01).

Can a landlord terminate a month-to-month lease without cause in Texas?

Yes, in Texas, a landlord can terminate a month-to-month lease without cause, provided they give the tenant at least 30 days' notice. This notice must be in writing and delivered according to the lease terms or Texas law. However, landlords cannot terminate a lease in retaliation or for discriminatory reasons, as this would violate tenant rights.

How long after signing a lease can you back out?

In Texas, there is no specific law that allows a tenant to back out of a lease after signing unless there is a lease provision or mutual agreement allowing it. If you wish to cancel, you may need to negotiate with the landlord or check for any applicable cooling-off periods. Always review your lease for any clauses regarding termination or cancellation.