Issue with house keys: owner vs renter (San Jose: real estate, condos)

[blue123]

So I searched around and noticed that there are no laws that specifically talk about keys and how they should be managed. I hope someone can help me with this issue and possibly give me a credible source so I can use as evidence.

I am living in a rented house that has recently changed ownership. The lease with the previous owner does not mention anything about keys and he told me he that he had given me the only copy of the house keys to me.

The problem is: the new owner is demanding that I should give him a copy of the house keys to him. I have not done so, and I need to know if I am required by law to give him a copy of the house keys. I do not feel comfortable giving other people access to my home simply because I have items of value, children, and privacy contents in my house.

Can someone tell me if I am required by law to give the new owner a copy of the house keys? I am moving out at the end of the month and I would be glad to hand over the keys once I've officially moved out. There is no lease with the new owner, but he says he has the right to have a copy of the keys right now.

I would really appreciate it if anyone can give me a source along with their answer.

-house renter from San Jose, CA

[mgs333]

whenever i've rented condos/houses directly from a private owner as well as professional mgmt companies, they've always had a set of keys to the place.

all contracts i've had said they can't just enter whenever they want to, they have to have a valid reason and give you at least 24 hrs notice, except in emergencies, they can enter without notice.

if you're moving out at the end of the month anyway, i would just give them a set to have goodwill when you move out to help with getting deposit back, although it sounds like it's probably too late for that.

now you should not have to pay for the copying of the keys either way.

[DevilDoll]

In reality the former owner of the house should have been the one to which the new owner requested a copy of the keys which then they (the former owner) could have requested from you. If you're leaving at the end of the month, you could give them a copy of the keys but make them sign something stating they will not enter without permission. Or you could just wait it out and just return the keys when you leave but as the previous poster said it might not bode well for you with the new owner if you have a deposit on the place and they're annoyed with you.

[mrzod]

According to contract law, the original contract was between you and the original owner. Unless the original owner assigned rights and duties to the new owner (e.g. "novation") and you agreed to the new contract thereby effectively cancelling the old contract, then the new owner does not have any agreement with you. As what has already been said, the new owner should consult with the old owner for any house keys. Again, your case may be specific, but this is just general law advice not intended for your specific case.

[DMenscha]

I would respectfully differ with MrZod. When real estate is transferred, the rights and obligations of the seller pass to the buyer. The new owner is obligated to adhere to the terms and conditions of the rental/lease agreement. Merely transferring title does not nullify the agreement.

The contract, while between two individuals, is for the occupancy of real estate not a personal services contract, which would be voidable if one of the parties were no longer able to perform.

The previous owner should have retained a set of keys to the premises for emergency entry (The tenant goes on vacation and a water leak develops for example) and provided the new owner with a set. The new owner should reimburse you for the new set of keys and your lease/rental agreement already specifies the process of entry by the landlord as does state and local law.

In escrow, any deposit money paid by the OP should have been transferred as well and should be treated on surrender of the property as if the original owner was still on title.

[mwv]

The owner definitely has a right to the keys - it's their property! If you refuse to do so he or she can have the place re-keyed (and provide you a copy of the new keys); so it's better to cooperate.

As far as entrance rules and notices, that is to be determined according to the lease but customarily the owner may enter under reasonable circumstances with or without notice.

[nmnita]

of course they have a right to the keys and should have a set. I am shocked the original owners didn't have an extra set..

Nita