Changing Locks

[Minnie1219]

Hello,

I've never posted here before, but it seems like I might be able to find some help.

I am currently living with my girlfriend and we are renting the upstairs apartment in a house owned by her Grandfather who is in the process of selling the house we live in to my girlfriend's Uncle who lives downstairs from us. We have had some issues with her Uncle who has a bit of a drinking problem- we were trying to move before he became our landlord, but he got angry when we gave him the 30days notice he asked for and then lied to everyone in my girlfriend's family about a lot of things, so we can't really move now, we have agreed to wait 3 months.

Here is my question- I am scared of this man and I don't really trust him at all. What are the legal reprecussions if I change the deadbolt upstairs so he can not get in? We don't have a lease with anyone, there is no written agreement for anything- our rent and all other issues were agreed upon verbally over a year ago when we moved in. If anyone has an answer for me please let me know, also if you can pass on where you got the information so that I can feel secure in knowing where the information came from!

I am sorry that this post is so long and thank you so much for any help anyone has!

[Aubergine]

First, has Uncle closed on the purchase of the building yet, or does it still belong to Grandfather? Your landlord is the legal owner, not the person whom the owner intends to sell the property to in the future.

A tenant in a two-family house in Buffalo may or may not have the right to install an additional lock. (Section 51-c of the Multiple Dwelling Law provides tenants with the right to install a separate lock, but this applies only to buildings with three or more units in cities over 325,000 persons -- i.e., New York City.)

However, it sounds like you'd rather move sooner than later, right? So if you change the lock or add another lock, the LL's only recourse is to sue to evict you for violating the terms of your tenancy. Would that be such a bad thing, if you actually want to leave now?

[Anna]

If T has no lease and never agreed verbally to NOT change the lock, changing the lock is a violation of nothing. However, it is easier to change the cylinder today AND change it back to the original when T moves out than to give unreasonable person a reason to sue T for damages.

Buffalo, NY is a city that does have more than 325,000 residents and the MDL does apply if the house has 3 or more dwelling units in it.

T could check the Buffalo website for other city codes, rules and/or ordinances relating to housing maintenance standards. And www.lawhelp.org for info re local laws and groups that know tenants' rights.

[Aubergine]

The population of the city of Buffalo (not the metropolitan area that includes the city) was 292,648 according to the 2000 census; the 2004 estimate was about 10,000 lower. This is down from 328,000 in 1990.

The city of Buffalo's population has been declining for over fifty years, from a high of 580,000 in 1950 to about half that number today. Buffalo's current population is less than it was at the beginning of the 20th century.

The Multiple Dwelling Law was applicable in Buffalo for many decades by virtue of the city's population. I do not know if the city of Buffalo has continued the effectiveness of the MDL by local law (see MDL § 3 [4] [a]), now that the city's population does not make the statute automatically applicable in Buffalo.

In any event, the MDL does not apply to one- or two-family dwellings, so the section dealing with locks is irrelevant if there are only two apartments in the OP's building.

[Anna]

well... if the MDL no longer applies to Buffalo, the MRL does: "This chapter shall apply to all cities of less than three hundred twenty-five thousand population and to all towns and villages." http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

scroll down to Multiple Residence.