Renting and the law: Tenant behind on rent, changed locks and won't vacate

Q: I am a landlord in Minneapolis and I'm having trouble with a tenant. My tenant has changed the locks on the house he's renting from me and is refusing to provide me with a key. He was supposed to give me a key, but then he stopped communicating with me.

I already gave him a 30-day notice to terminate the month-to-month lease, but instead of leaving when the 30 days passed, he stayed and changed the locks on me. He hasn't been paying rent, either, so I intend on giving him a 14-day eviction notice to pay rent or leave, but I need access to the house. I believe he's been avoiding me because he is a con artist and he is not intending on paying rent.

Can I have the locks drilled out and changed as long as I provide him with a key? Should I text him letting him know that the locks will be changed and that I have a key for him even though he is not responding to my texts? Also, should I have my tenant come and pick up the new key at my house or just leave it at the rental home?

A: Once your tenant has stayed on after you have given him notice to vacate, failed to pay his rent and changed the locks on your rental home without giving you access, your tenant is in violation of his lease terms.

You didn't say how many months your tenant is behind in his rent. However, since you already gave him a 30-day notice to terminate the lease, and his response is to change the locks on you, not pay rent and stop all communication, you no longer need to give him a 14-day eviction notice unless your lease terms require that you do so. (Please note that after Jan. 1, 2024, you will be required to provide a 14-day notice prior to filing an eviction for nonpayment of rent.)

You can file the eviction immediately if your lease doesn't have language that requires you to wait. You can also change the locks, but make sure to provide a key to your tenant.

If your lease allows for costs incurred caused by your tenant's actions, you can add the cost of making the new keys to the amount your tenant owes you in back rent. You should text or email your tenant and let him know when the locksmith is coming and that the locks will be changed at that time but you'll give him a key.

Do not require your tenant to pick up the new key when your tenant isn't responding to your usual form of communication. Instead, make sure you hand him the new key when he is going to be home to accept it, and do it in front of a witness if possible, so take someone with you. If he is a con artist, he may claim he never received a key so having a witness with you is confirmation. If you cannot bring a witness with you, then you should record it.

In an eviction for nonpayment of rent, a tenant has the right to pay their outstanding rent and remain in the rental property. However, in this situation, you are also alleging that the tenant stayed over after receiving a 30-day notice to vacate and violated the lease. So, if you can prove that your tenant is in violation of the lease, your tenant will be evicted even if they try to post rent, unless you change your mind and decide to let the tenant stay after receiving the rent you are owed.

Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.