Can a tenant change the padlock on an iron security door and keep the key to himself?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a tenant change the padlock on an iron security door and keep the key to himself?

My husband runs a business in a building housing his and another business. He pays the owner of the building 20% of what he takes in every day. There is no lease or rental agreement. We have had issues with the owner allowing his 15 year-old son to enter my husband’s portion of the building when he is closed. My husband has opened the doors only to find that the owner’s son has left a mess and has used his equipment and tools and left them scattered about the place. We have discussed this matter with the owner to no avail.

Asked on August 31, 2010 under Real Estate Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, no.  A landlord is entitled to the keys to his building.  First off, your husband needs to negotiate a lease. He has a month to month but he needs a "regular" lease (I believe commercial would do here).  How he wants to negotiate the rent is up to him.  I would seek legal help with all of this part.  Once you have a lease you have protections as well.  Like against unreasonable entry by the landlord.  You have always had a right to call the police on the son if you caught him there.  He is a trespasser.  I am sure that the landlord will try and say that he gave permission but he really can't. Ask the lawyer about that as well.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption