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Posted by MikeW on December 27, 2000 at 13:06:17:

In Reply to: Re: Yes, but... posted by TenantNet on December 27, 2000 at 11:41:33:

The lock I'm talking about changing is on the common front door to the building, not the unit(s) in question. This can be done in the name of maintaining building security. It has happened to me in stabilized rentals. Also, as I said, if the subtenant make a claim to residency, they can get a key if they are legally entitled to one. But by making that claim of residency, they will be aiding the LL in his battle with the prime tenant.

: Taking such an action - giving the prime tenant a key and withholding it from "subtenants" would probably be just as illegal and ill-advised. It can amount to actual eviction or constructive eviction. Those subtenants may have certain rights either as subtenants, or tenants of a net-lease (remember, this is a loft), or possibly as tenants themselves depending on the fact pattern. They may have acquired tenancy rights. Even so, the illegal eviction law does not apply just to primary tenants. Even if the landlord disputes any tenancy rights or subtenancy rights, changing locks is illegal.

: : If you reread my suggestion, I said to give the 'Legal' tenant a key, hense no eviction. If their are illegal subtenants, they would have to identify themselves to the LL and request a key. The LL would be within his rights to make them state what business the have in the building. This would be VERY useful in any court action. At that point, he may or may not have to give them a key.

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Comments:
: The lock I'm talking about changing is on the common front door to the building, not the unit(s) in question.  This can be done in the name of maintaining building security.  It has happened to me in stabilized rentals.  Also, as I said, if the subtenant make a claim to residency, they can get a key if they are legally entitled to one.  But by making that claim of residency, they will be aiding the LL in his battle with the prime tenant.

: : Taking such an action - giving the prime tenant a key and withholding it from "subtenants" would probably be just as illegal and ill-advised. It can amount to actual eviction or constructive eviction. Those subtenants may have certain rights either as subtenants, or tenants of a net-lease (remember, this is a loft), or possibly as tenants themselves depending on the fact pattern. They may have acquired tenancy rights. Even so, the illegal eviction law does not apply just to primary tenants. Even if the landlord disputes any tenancy rights or subtenancy rights, changing locks is illegal.

: : : If you reread my suggestion, I said to give the 'Legal' tenant a key, hense no eviction.  If their are illegal subtenants, they would have to identify themselves to the LL and request a key.  The LL would be within his rights to make them state what business the have in the building.  This would be VERY useful in any court action.  At that point, he may or may not have to give them a key.



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