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My 'LL is looking for any reason to keep my security deposit. $20 to dispose of the trash I left outside when I moved, who knows how much for the door pump that I told her a year previously was broken and she never fixed it and now she says she is having the locks changed and I have to pay for it because I have not mailed her the key still in my possession. My question is that legal?
My 'LL is looking for any reason to keep my security deposit. $20 to dispose of the trash I left outside when I moved, who knows how much for the door pump that I told her a year previously was broken and she never fixed it and now she says she is having the locks changed and I have to pay for it because I have not mailed her the key still in my possession. My question is that legal?
Yes to $20 for trash removal if you were supposed to remove it and didn't. If you live in a state where landlords are legally required to rekey locks between tenants (check your state's laws which are probably linked in the first "sticky" on this page) you could attempt a refusal. Then again, it's usually a requirement upon leaving a rental that you return keys before you're officially/legally considered out so, in some states, your LL can actually keep charging you rent until the keys are returned ...
As far as the "door pump" (whatever that is) is concerned, did you break it? If you didn't, did you notify the LL in writing either at the time it was broken or at some time after a verbal notice was given and the LL didn't fix it?
I don't mean to sound "preachy" but state landlord tenant laws are so easily found these days via the internet. If renters paid as much attention to reading those state laws (and their leases) as they do keeping up with social websites we wouldn't have half these threads popping up!
Question, I am moving out of my apartment and we had lost a key, we made a copy and nnow our landlord says they are going to charge us for replacing the locks. Is that legal? From reading these posts it sounds like most landlords change them anyway, but for the not so wonderful LLs, are they allowed to take that out of our deposit?
...... are they allowed to take that out of our deposit?
Of course they are allowed to charge you for not returning the keys that you were given.
Next time, I suggest that you make copies on the first day and carry the copies. Keep the original keys in a safe place, with a label on them so you remember what they go to. That way, you can return them when you move out.
Of course they are allowed to charge you for not returning the keys that you were given.
Next time, I suggest that you make copies on the first day and carry the copies. Keep the original keys in a safe place, with a label on them so you remember what they go to. That way, you can return them when you move out.
Snort, the landlord always has a key to their own property. And if you change the locks, that's illegal, and you can be evicted.
Well, no. You can only be evicted if you fail to respond properly to an Unlawful Detainer or you lose that case in court. It would have to get that far first and the judge would then have to interpret local law or CA Code in favor of the LL. Even then, the tenant would still have the opportunity to give the LL a key or change the locks back.
In CA there is no law on the books that prohibits a tenant from changing locks to their unit. There is also no law that requires them to provide a key.
Interestingly, in two subdivisions (1941.5 and 1941.6) regarding victims of domestic abuse, is does require that the tenant provide prompt notice that locks have been changed and provide the landlord with a key.
However, this has generally not been interpreted to mean that all tenants must do both (notify and provide a key). The code was not meant to provide the LL any protection, but the tenant (who is a victim of abuse) so that they cannot be held liable, regardless of the terms of the lease agreement, for changing the locks in a timely manner to protect themselves against an abuser.
The rest of the code does not address the LL right to a key. Local codes may vary, but would not contradict or supercede this code.
Further in support of the tenant, they have the Right to Quiet Enjoyment. As such, it could be arguable that they should be able to change their locks and control access to their home.
On the other hand, the one circumstance that a LL may access any dwelling unit without prior notice and permission (or an abandonment or eviction) is in the case of an emergency. Obviously this might be difficult without a key. This is maybe the one argument the LL has in their favor in CA unless terms regarding changing locks and keeping a copy of the key are specifically addressed in the rental lease.
Otherwise, the right to entry would not necessarily provide legal grounds to have a key. If the Tenant is home, they would be there to allow the Landlord or their Agents in, nullifying the need for a copy of the key. If the Tenant could not be present, they could arrange a key exchange or for a trusted third party to be present to allow the Landlord entry.
There are many reasonable options, particularly given that, especially in CA, a Landlord must give a minimum of 24-hours Written Notice, either by USPS Certified Mail (6 days in advance), in person, or secured to the entry door to the unit. They are also only allowed to enter during Regular Business Hours, which has been interpreted as Mon-Fri, 9AM - 5PM (sometimes 8AM - 6PM).
Worst case scenario for the tenant, the LL serves a 3 Day notice to Cure or Quit. If the Tenant does not comply, then an Unlawful Detainer. They may still settle by providing a key or returning the locks to their previous state. At court, if the LL somehow wins (which, again, is not necessarily guaranteed, given CA Law's silence on the issue) the tenant could still only be ordered to provide a key or return the locks to their previous state. They may be on the hook for some court fees as well.
Point being, if the tenant is worried about their safety or security, especially from the LL themself, the risk is relatively low for the potential reward of peace of mind, safety, and security.
Last edited by salad90065; 11-03-2018 at 05:39 PM..
Reason: typos
We will be renting a house and a thread here got me to thinking, should we get the locks changed?
We have met the previous tenants, and they seem like wonderful people, but you never know. Should we ask the new landlord if we can rekey the locks at our own expense? Or, do landlords typically take care of this before a new tenant moves in?
We are long time home owners, so we're not exactly sure how this works.
Any input and info on this will be greatly appreciated!
HUGz! Jules
I normally rekey locks when new tenants move in. Imo it’s not the tenants job to do that and I don’t need the liability of a drunk former someone showing up and coming in late thinking the old tenant still lives there.
We’ve since left CA, moved to KY, and just landed in FL to buy our new home.
Well we all know that you've been standing around twiddling your thumbs for the last 5 years waiting for someone to reply.
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