If two people are on a residential lease agreement can one charge the other with breaking and entering?
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.
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May 31st, 2010 at 4:00 am
no
May 31st, 2010 at 4:53 am
I don’t think she will get very far with that in court, if he presents the lease. How could you break into your own home?
May 31st, 2010 at 4:58 am
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.
May 31st, 2010 at 5:41 am
Nope and she can get into big trouble having changed the locks and him not knowing it and not giveing him a key
May 31st, 2010 at 5:54 am
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.
May 31st, 2010 at 6:10 am
take this one to judge judy. good luck
May 31st, 2010 at 7:09 am
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
May 31st, 2010 at 7:27 am
She could be charged with filing a false police report.
May 31st, 2010 at 7:48 am
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.
May 31st, 2010 at 8:02 am
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.
May 31st, 2010 at 8:16 am
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
May 31st, 2010 at 8:34 am
Hopefully the chick goes to jail for filing a false police report, but if she’s half ass cute, the cops and prosecuters will probably look the other way
May 31st, 2010 at 9:27 am
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
May 31st, 2010 at 9:55 am
No, but if I was the landlord I could SUE both of them for destruction of property.
May 31st, 2010 at 10:49 am
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?