A couple is leasing a unit. The lease agreement is in both names. The female is upset with the male lessee so she changes the locks and then charges the male lessee with breaking and entering by filing a police report stating that the house belongs to her.
2006-12-23 10:44:20 · 15 answers · asked by busyd1023 1 in Business & Finance ➔ Renting & Real Estate
no
2006-12-23 10:45:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No. The only thing either can do is call the police if the other becomes abusive or something. Then the one being abused can press charges and have the other arrested. Then the one being abused can get a restraining order.
It is against the law to change the locks on a rental unit without the roommate's knowledge and the landlord's permission. So, if one roommate changes the locks without the permission or knowledge of the other roommate, the locked out roommate has grounds to file against the other roommate.
But what is with all this lawsuit stuff? Have a fight (hopefully not abusive), come to some kind of agreement, and move on...leave the police and law out of it. Can't we resolve anything without suing someone?
2006-12-23 19:43:35 · answer #2 · answered by SUSAN K 3 · 1⤊ 0⤋
I don't think so. I beleive that she would have to go thru the proper channels to have him removed from the lease and then change the locks. If it's a case of domestic violence, then the police can make him stay away and she could probably get a restraining order against him. You can do this by going to the local court house. I used to be a property manager in Georgia and I know the laws are different from state to state so it depends on where she lives. I would say talk to the property manager and then the police.
2006-12-23 18:56:28 · answer #3 · answered by cinnycinda 4 · 0⤊ 0⤋
No, she cannot do that. The police should have requested a copy of the lease of you stated you were on it. Otherwise they are at fault too. You can actually sue her for any damages that occurred as a result of your lock out....including having you falsley arrested, costing you to have to find lodging elsewhere, any time lost at work as a result of it.....etc etc etc. But be aware that if she was paying the lease and you weren't and she can prove this, she may have a counter claim against you. PS.....If you have not broken in yet, I would not suggest it as she may say you entered in a threatening manner and have a restraining order put against you. Call the police to go there with you and have them demand she let you in and give you a key.
2006-12-23 18:48:26 · answer #4 · answered by xovenusxo 5 · 0⤊ 0⤋
She could be charged with filing a false police report and also he could personally sue her for violating the terms of the lease which grants each of you "quiet enjoyment" of the premises. She should back off the BS attacks and just move if it is that bad
2006-12-23 19:01:38 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If the male is on the lease he is entitled to enter the domicile. Even if she has an order of protection against him he still cannot be charged with breaking and entering only with the violation of the order of protection.
2006-12-23 18:47:14 · answer #6 · answered by Twinki 2 · 0⤊ 0⤋
She was wrong to change the locks. If they are both on the lease they have equal rights. She isn't going to get to far in court with this case.He should go to the police and tell them she has changed the locks and won't give him rights to his belongings. Tell them she is stealing them.
2006-12-23 18:53:34 · answer #7 · answered by ruth4526 7 · 0⤊ 0⤋
She could be charged with filing a false police report.
2006-12-23 18:53:10 · answer #8 · answered by firewomen 7 · 0⤊ 0⤋
all he has to do is take a copy of the lease to court and the female is in deep sh*t for filing a false charge
2006-12-23 18:52:46 · answer #9 · answered by roy40372 6 · 0⤊ 0⤋
Hopefully the chick goes to jail for filing a false police report, but if she's half *** cute, the cops and prosecuters will probably look the other way
2006-12-23 19:15:09 · answer #10 · answered by bestbet77 3 · 1⤊ 1⤋
IF BOTH NAMES ARE ON THE LEASE, NEITHER ONE CAN BRING BREAKING AND ENTERING CHARGES.THE ONE THAT CHANGED THE LOCKS WILL BE IN BIG TROUBLE. HE WILL HAVE TO SHOW THAT HE IS LEASING . EVEN IF SHE DOES OWN AND HE HAS A LEASE SHE CAN'T LOCK HIM OUT
2006-12-23 19:17:37 · answer #11 · answered by bettys 4 · 0⤊ 0⤋