What to do when Your Landlord Locks You Out

Does my landlord have the right to change the locks of my apartment when my lease isn’t up until the end of the month? I did not call and give permission for the locks to be changed. I went to the apartment to finish cleaning on 5/19/08 so I can get my security deposit back, and the locks were changed. My lease is up on 5/31/08, and the rent has been paid. So now what do I do? Was it unlawful entry for the landlord to be there changing locks, and do I still get my security deposit back since I was unable to finish cleaning?
-- (Posted by a Guest on the Forum Chat Room.)

It is often hard for a landlord to figure out whether a tenant has actually moved out or not, especially if communication is not good. However, it sounds like your landlord messed up. He had no right to change the locks unless you indicated by word or deed that you were abandoning the premises.

First, assume it was an honest mistake and talk to him/her and explain the situation. He should let you back in to finish cleaning. Or maybe he will tell you not to worry about the cleaning and return your deposit. If you wish to enter and he refuses, you can go to your local housing or district court and request an emergency or temporary restraining order, forcing the landlord to let you back in. You could also talk to the police, because a lockout is a criminal offense.

However, I am not sure you need to clean the apartment. Under Massachusetts law, is difficult or impossible for a landlord to use a security deposit for cleaning. Rather, the deposit should only be used to repair any damage that you caused to the apartment (other than normal wear and tear). If there is no damage, you should get the deposit within thirty days of the end of the lease. Good luck.

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