Things like cost, convenience and regulation all come into play. So, when can a landlord change the locks and further to this, when should a landlord change them?
By law, tenants cannot alter, remove or add any lock or other security device without reasonable excuse or unless the landlord agrees. A reasonable excuse includes:. As per a typical tenancy agreement, tenants agree to give the landlord a copy of the key for any changed lock within seven days of the change. Landlords also have obligations when it comes to changing locks. Landlords are required to provide and maintain locks in order to keep the premises reasonably secure.
The landlord must not alter, remove or add any locks without first liaising with the tenants and they must provide a copy of the new key within seven days of the change. By law, landlords must not charge the tenants for copies of these keys unless a replacement is required.
Generally, so long as you inform the real estate agency and tenants of lock changes, and the tenants agree to those changes, you should be able to modify the locks at any time. You should change the locks if there has been forced entry or theft. You may also want to change the locks if a tenant agreement has been terminated on bad terms.
The most obvious advantage to changing the locks on your investment property is that it ensures the safety and security of the building and current tenants. This can be a simple yet significant step to do so. It can also strengthen the tenant-landlord relationship. Knowing the locks have been changed before moving in or in the event of a break-in, can offer peace of mind and help build trust.
Another advantage is that any cost involved in changing the locks is tax-deductible. The ability to claim these expenses at the end of financial year can help to offset any upfront expenditure. Not every locksmith requires this, but many do. Since you don't live at the property, it can be a little more difficult to prove ownership. You can't just whip out your driver's license for proof, for example. But you can show the locksmith the deed to the property.
Or, if you're paying a mortgage , you can show proof that you're the one paying for the property. Once the locksmith rekeys the locks, make sure to provide a key for your tenant if they still have the right to access the property, such as if their lease term is not yet over. Let your tenant know that you changed the locks and are charging them for the expense and that you're holding their key, which they can pick up from you. If you change the locks without giving a key to your tenant during their lease term, you can be accused of locking out your tenant or resorting to self-help measures even if you're only reacting to being locked out yourself , and this is generally illegal in most states.
If you do lock out a tenant, that tenant could sue you in court, and if they win, they could be awarded monetary damages for not being able to access the property. Monetary damages could be hotel costs or possibly spoiled food left in the refrigerator, not to mention that you'll need to pay court costs if you lose.
If your tenant changes the locks without your permission and you can't access your rental unit when you need to, making it necessary for you to change the locks, you could charge your tenant for your costs of having the locks changed and rekeyed. Most landlords could just deduct the cost from the security deposit.
Even though many landlords choose to change the locks anyway between tenants, there is no national law that says they must. You should, however, familiarize yourself with your state's law on this. The point is, if the tenant changes the lock and doesn't give you a key, you are now forced to change the locks, and your tenant would usually need to pay for this cost. Some types of locks are easier than others to change.
You might want to look for a new lock system that allows you to rekey yourself. This prevents you from needing to use a locksmith or buy new locks. You also might want to consider installing a keypad. Many multifamily landlords favor this system. A feature many keypads have is the ability to have different passcodes. This is convenient for letting service people in, for example.
Many keypads allow you to program them remotely as well. If having a key to your rental property is important to you, make sure you have language in your lease that spells out your policy.
If your lease is silent on this issue, it usually means your tenants can change the locks on you without letting you know. Be proactive to try to prevent an unexpected lock change from happening to you.
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New York City Denver Philadelphia. Local Real Estate News. They will then help you to enforce the eviction and regain full control of your property. You are permitted to change the locks on an apartment that you own at any time, even while occupied by a tenant, as long as they are provided with a new key immediately.
As mentioned above, you cannot change the locks on an apartment with the intention of locking a tenant out. Landlords are responsible for ensuring that the property is safe to live in, and that means they are responsible for working and property protected door locks to be in place at each of their units. Between rentals, it is often recommended that landlords change the locks or have them rekeyed. This can reinforce the safety of the unit as it will prevent any former tenants from accessing the unit with a copied key.
As a landlord, you are responsible for making sure that working and safe door locks are in place on all exterior doors in your units. Though it may seem counterintuitive to some lawyers, there are many states that allow tenants to change the locks on your property as long as they get permission. If they do not get permission, however, you still have limited options on how to proceed. Ultimately, you need to be familiar with your local laws to be certain about what is and what is not allowed.
To prevent any confusion or distressing situations regarding changed locks, make sure you do the following:. As long as you are aware of what could go wrong with a tenant changing locks without permission, you can prevent that situation from ever occurring.
Being prepared as a landlord is one of your greatest weapons; make sure you are wielding it! Q: Can I still close on my property in state? Q: Do I still have to pay property taxes? Q: Do I still have to pay my water bill? State-By-State Issue The final answer about whether or not a tenant can legally change the locks is ultimately a state-by-state issue. Contact The Tenant For Access The first thing you should do when you discover that the tenant had the locks changed without informing you is to contact them for access.
Charge Them If you live in a state where tenants are allowed to change the locks, you are permitted to deduct the cost of reinstalling or replacing the original lock from their security deposit at the end of their tenancy. Force Entry If Necessary If you need to access the property immediately because of an emergency, such as a fire or a leak, you can call a locksmith or break down the door.
Why You Need Access To The Property Tenants who changed their locks without permission or asked about changing locks might not understand why you need access to the property. Scheduled Inspections Rental properties are typically inspected at least once a year. Repair Management If there are cases when the tenant cannot be at home to let a repair person into the property, it will be up to you to open the door. Emergencies As mentioned above, the most pressing reason a landlord needs to have a working key to the rental unit is in case there is an emergency.
Abandoned Property There are cases in which a tenant may abandon the property. Landlords Have Limitations Too Just as there are limitations placed on when tenants can change the locks of their apartments, there are also limitations on when landlords can and should replace locks. Secure Premises Tenants have a right to live in a habitable apartment. No Lockouts While landlords should change locks between tenants when possible, they should never change the locks without giving a key to their tenant.
Creating The Right Precedents The best way to avoid any complications with changing locks and miscommunications surrounding locks is to spell it all out in the lease. Regardless of the specifics, make sure to clearly state all of the following in your lease agreement: Whether or not tenants are allowed to change the locks What tenants should do if they want to change the locks What landlords will do if they need to change the locks Having clarity in the lease about this issue will not only protect your property, but it will also help prevent confusion between you and your tenant.
Conclusion Though it may seem counterintuitive to some lawyers, there are many states that allow tenants to change the locks on your property as long as they get permission.
To prevent any confusion or distressing situations regarding changed locks, make sure you do the following: Research the laws that will apply to your specific properties. Include a lock policy clause in your lease so all parties have clarity.
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