Concerned about how many keys a tenant has passed out.
* * * * * *
Question
I am concerned about how many keys a tenant who is currently being evicted may have made and passed out to others during his tenancy. Would I have liability related to this issue?
Answer
It is highly recommended that locks be re-keyed between each tenant. When a tenant departs, the landlord has no way to know how many keys are in existence or who might have one. Accordingly, the best policy is to re-key every lock each time there is a change in tenants. The cost of re-keying is almost negligible if a landlord invests in moderately priced re-keying kits. There are also now lock designs which allow owners to easily rekey a lock without such a kit. Owners of
multiple properties can avoid the labor involved in that approach by keeping a few extra locks on hand and rotating locks among properties. Even the single-unit landlord can re-key his locks for $5.00 per lock plus about $1.50 per new key or less if he takes them into a home improvement store himself. A landlord’s expenditure of $25 or less to re-key a unit is an important investment in the safety of his new tenants and a major reduction in exposure to costly lawsuits. If locks are not re-keyed and future tenants are victims of any crimes, the landlord will likely be subject to litigation and it is quite possible that a Jury or Judge would assign some liability to the landlord in view of how easy and inexpensive it is to re-key.
Since deadbolts located near windows are often accessible to someone who is willing to break the window, some experts advise that inside-keyed deadbolts be used. However, as a missing key can result in inability to get out in an emergency, one should always provide for a place to hang the key that is easily accessible to the tenant while beyond reach of a potential intruder. Furthermore, the matter should be covered by adequate lease clauses wherein tenants understand the
issue and accept responsibility for maintaining the key’s availability to all occupants. However, landlords must conform to the laws and regulations of all levels of government, including building and fire codes regarding the issue.
Basically, landlords should provide as much security related to door and window security as is reasonably practical. At a minimum, they should secure the premises with latches or locks on all windows, good deadbolts on all exterior doors, sliding door handle latches or, better yet, sliding door security bars, and door viewers. Chain locks are, in general, worthless. All external doors in each rental unit should be solid rather than hollow core doors that can be easily
broken through within seconds. As with most things, landlords need to be aware of any special requirements related to these issues in their state and local areas. For example, California has very specific requirements for door and window locks, both as to what needs locks and specification of what locks are acceptable. Other states may also have specific requirements related to the issue of tenant security.