There are digital locks that have eKeys that allow 24-hour access or temporary keys that you can manage. I’ve asked the tenant if I may get a copy cut they’ve refused this request. The landlord owns the property and obviously is entitled to entry. It will prevent any complaint later that, perhaps something has been damaged or maybe some money has gone missing. Save a copy of your keys on our secure platform, then if you ever lose them make a copy at any of our kiosks. You need to provide a copy of the keys to the landlord. Josh lays it out pretty clear that the landlord shouldn’t be dictating who the tenant gives a key out to. One of the features of a tenancy (which is a type of ownership of land) is that the tenants have the right to exclude the landlord from the property. Then there are cases where women live alone and are frightened of their landlord and do not want them there unless they have someone with them. My view has always been that if a tenant says ‘no’ it will be unlawful for a landlord to enter, even if it is for a purpose which is authorised by law, such as an inspection or gas safety check. I mean, they’re gonna have a party, they’re gonna have people over to celebrate something, they’re gonna have their friends, their significant others, whatever, including people that they want to come over and watch their pets while they are out of town. So if the tenant owns the land (or flat or whatever it is) he also has the right to change the locks if he wants. Home & Office. This is specified in my lease. Tessa is a specialist landlord & tenant lawyer and the creator of this site! I agree that landlords can hang on to a set of keys when renting a property out to new tenants. A landlord has no right to force entry to change a lock. A: Depends on the city you live in – https://www.politico.com/. I haven’t a set of keys to this property. Can tenants make copies of keys? You can buy a tenancy agreement from WH Snmith for goodness sake; that’s how official they are (!). So far as I am aware, under the common law there is nothing to stop a tenant doing this, and he is under no (legal) obligation to give a set of the new keys to the landlord. Lost keys could be anywhere and in any hands. Have a listen and read the transcription below to hear his thoughts. Legal Disclaimer: The materials and information presented here were provided for informational purposes only and not for the purpose of providing legal advice. A renter loses keys. If a property is let the landlord is entitled to retain a set of keys unless the tenancy agreement provides to the contrary (which I have never seen). Say, you know, this particular person, I have some concerns and here’s why. If the tenancy agreement provides that the tenant is not to change the locks but does so, that has to be a breach of covenant even if the reason for doing so is that the landlord is abusing his right of access. If you have unique concerns with your situation, you can search and consult with a landlord/tenant lawyer by clicking here. There are digital locks that have eKeys that allow 24-hour access or temporary keys that you can manage. It can’t be something that’s unfounded, but again, it comes back to being human in communicating with your tenants about what your concerns are. If it did, I wd frankly still ignore it and consider the term unfair, for all the reasons of quite enjoyment discussed here. I am sure that a landlord would not want repair workers or the mortgage company present, in their absence. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. One thing to consider is the type of lock you put on the unit. State Rent Assistance Resource Page – https://access.nyc.gov/ But of course, in houseshares & HMOs that will rarely happen. Filed Under: Readers problems Tagged With: keys, Tenancy Agreement. Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts. So even if you are entitled to hold a set of keys under the terms of the tenancy agreement, it will still be trespass and make you liable to a claim for compensation if you use those keys against your tenants wishes. • Tessa, if the tenant changes the locks and the landlord takes umbrage to this, deciding to change the locks again so as to be holding keys (effectively forcing entry tho) where does the tenant stand then? There are a few steps to take if you are the owner or on the Board and a resident won’t leave a copy of their keys. When using duplicate keys, be sure to label each using a code system that is not accessible in the case of theft. When confronted landlords usually counter with “Yeah but it was only……” I rarely manage to convince the landlord that, as you say Tessa, a tenancy is a form of ownership. Frequently tenants do not return their keys when they leave, so the landlord retains a key. Your local locksmith can duplicate all types of keys and make key copies that work perfectly. Take your key to one of them and follow the onscreen directions to have a copy made. Should they refuse to give a copy of the key, we note that all residents that fail to provide a copy of their will be subject to be charged any and all fees, expenses, penalties or damages incurred by a result of having a key at the disposal of a property. If the tenancy agreement says nothing about keys and the landlord retains a set and the tenant changes the locks, the landlord cannot demand a set of the new keys. 100% Satisfaction Guaranteed. Although … Having a spare will help if you ever lose the original. Performance & security by Cloudflare, Please complete the security check to access. A renter wants to make copies of the key. As a secure tenure there is of course no tenancy agreement. I was setting up a time to be in for the repair people and the woman on the other end of the phone, genuinely being helpful said “Oh its OK, you dont have to be there, we have keys”. For tips about how to save a scan of your key so you can order a copy whenever you need one, keep reading! For this sort of reason I consider that the covenant of quiet enjoyment should take precedence over any ‘right’ a landlord may have. Return All of The Keys. If the key says “Do Not Replicate,” then don’t copy it. >> daily updates or just the You can also use a key-cutting kiosk to make a copy of common keys. She is a director of Landlord Law Services which runs Landlord Law and Easy Law Training. This is the case even if the landlord wishes to enter for an authorised purpose such as carrying out repairs. By clicking the consent button, you agree to allow the site to use, collect and/or store cookies. If you have any problems, contact us for a replacement or full refund. As Karl Marx may have said “All property is theft…….unless it’s mine”. Copy Vehicle Keys For Less. It is shocking, and offensive, that the law is so grey on all of this “who can have keys thing”. Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute. Many tenants take it upon themselves to make copies of their apartment keys in order to make sure that this particular issue never happens. Because it is always their investment until the mortgage has been paid off. It’s a tough question because as a landlord you may feel a little urked if a tenant is doing this. Landlord Law Blog is © 2006 – 2020 Tessa Shepperson. Author has 170 answers and 62.6K answer views. If a tenant is refusing to give a copy of their key it is not only an issue of delaying time to get into the apartment in an emergency, but it can also lead to a dangerous situation should there be a life-threatening emergency. For example – a tenant may tell a landlord that he does not want him to do an inspection on a particular day without giving a reason. Renters, talk to your landlord first. Interviewer: I have a tenant who wants to give a key to the neighbor to care for her pet, but I don’t want the neighbor to have a key. By utilizing the form letters and then the acknowledgement form for those refusing to provide their keys, the Board or building owner can make those tenants accountable for extraordinary damages or liabilities. If these tenants are good tenants then they will no doubt co-operate should you ever need to do major repair work to the property. 4. Extreme suggestion, but it could happen. State Eviction & Nonpayment Resource Page – https://www.nyhousing.org/ Here is a question to the blog clinic from Hilary who is a landlord. https://rentprep.com/wp-content/uploads/2016/12/Can-I-Stop-Tenant-From-Giving-Keys-To-Other-People.mp3, https://www.rentprep.com/landlord-tips/coronavirus-resources-new-york/, https://www.cnn.com/2020/03/19/success/real-estate-coronavirus/index.html, https://portal.311.nyc.gov/article/?kanumber=KA-01253. I remember a while back reporting a repair to my letting agents, who are really OK in the great scheme of things. 3. 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