Can I prohibit the tenant from changing the locks on his unit?
ANSWER:
You should carefully review your state’s landlord-tenant statutes and local ordinances that may address the issue of required security devices including locks and alarm systems. Some states and a few municipalities do have statutes or codes that allow specific alterations by a tenant such as installing an alarm system or permitting installation of legally required door and window locks if the landlord fails to provide compliant devices.
Many commonly used lease agreements contain a clause that prohibits repairs and alterations to the property by the tenant except as provided by law or as authorized by prior written consent of the landlord. Using a lease agreement clause similar to this, customized to your properties as needed, would require your tenant to ask for your permission before making any changes such as installing additional locks, security systems, re-keying locks, or otherwise altering existing locks for doors and windows. If a tenant asks for your permission, before giving the tenant your answer, you may want to ask a few questions regarding why the tenant thinks it necessary for extra protections. The tenant’s answer may provide information of another nature that might need to be resolved. If you refuse your permission for alterations or additions, a crime is committed at a later date that could have been prevented with additional security measures, and the tenant files suit against you, you may have little defense against the tenant’s claim of landlord negligence if the case goes to trial.
If you are agreeable to the tenant’s requested changes, you should make your consent conditional upon receiving duplicate keys to installed locks or re-keyed locks. If an alarm system is installed, you will also need instructions on how to disarm the alarm including codes and the contact information for the alarm company. The tenant should be reminded that, in the event of a true emergency, you as the landlord must have access to the rental premises. Additionally, per statutes of most states, the landlord has the right to enter the leased premises with proper notice to the tenant for reasons listed by statute.
Accordingly, your lease agreement should have an additional clause that the tenant will provide the landlord with keys to additional locks, re-keyed locks, or altered locks as well as information and instruction on any installed security alarm systems.
QUESTION:
I understand that California law requires certain types of locks on doors and windows. Can you provide the information or tell me where I can I find it?
ANSWER:
California state requirements for installing and maintaining door and window locks for residential rental properties can be found in California CIVIL CODE Section 1941.3. The following information is excerpted from the Code. You should review the all applicable sections of the Code to determine your legal requirements.
A landlord or his agent is required to install and maintain an operable deadbolt lock on each main swinging entry door that leads into the inside of a dwelling unit. When in the locked position, the bolt shall extend a minimum of 13/16 of an inch in length beyond the strike edge of the door and protrude into the doorjamb.
A deadbolt provision does not apply to horizontal sliding doors or to existing deadbolts of at least ½ inch in length. Existing locks with a thumb turn deadlock that have a strike plate attached to the doorjamb and a latch bolt held in a vertical position by a guard bolt, plunger, or auxiliary mechanism are exempt. However when these locks are repaired or replaced, the replacement deadbolt must satisfy the requirement of at least 13/16 of an inch in length.
A landlord or his/her agent must install and maintain operable window security or locking devices for windows that are designed to be opened. Louvered windows, casement windows and all windows more than 12 feet vertically or six feet horizontally from the ground, a roof, or any other platform are excluded.
A landlord or his/her agent must install locking mechanisms that comply with applicable fire and safety codes on the exterior doors that provide ingress or egress to common areas with access to dwelling units in multifamily housing.
The tenant is responsible for notifying the owner or authorized agent when the tenant becomes aware of an inoperable deadbolt lock or window security or locking device in the dwelling unit. However, the landlord should always check for proper operation of locks when inspecting an occupied unit or when preparing a vacant unit for the next tenant.
QUESTION:
Do I need to re-key the locks when the tenant moves out? What are some tips for key control?
ANSWER:
Always check your state’s landlord-tenant statutes for issues that affect tenant move-in and move-out, including required security measures. You may be required by statute or local laws to protect the new tenant by re-keying locks to the rental unit.
The safety and security of tenants depends in part on the measures the landlord takes to adequately protect entry to rental units and common areas.
A landlord has no way to know how many keys are in existence or who might have keys to the rental unit when a tenant moves out. Accordingly, the best policy is to re-key every lock each time there is a change in tenants.
Key control is a safety and security measure which restricts access to master and back-up keys and provides documentation of the use of those keys.
Failure to take reasonable steps to secure back-up keys and control access to master keys may be considered negligence on the landlord’s part if there is an event where unauthorized access was obtained.
Keys to the rental unit should be given to the new tenant only after lease signing, receipt of all monies in accordance with the lease agreement, and completion of the landlord-tenant move-in checklist. A landlord should document in the tenant’s file all keys given to the tenant, including entry keys, gate keys, garage doors keys and openers, laundry room keys, and any other keys to landlord provided amenities. The tenant will be required to return all keys at time of move-out.
Master keys and back-up keys should be kept in a locked key box in a secure location. Access to keys should be limited to designated individuals. A key log should be maintained to document key use. The key log should contain entries for the date, time, reason for key access/use, and the identity of the individual requesting use. The return of the key should be documented to complete the log.
As a safety and security recommendation, keys should be coded in such a way that the tenant’s information (name, unit address, and building designation) is protected. A separate, secured document should be used to provide the key code assigned to the individual tenant. The tenant should be advised that such measures are taken as a precaution for their safety against potential criminal acts.
Key access to rental units for repairs and maintenance should be controlled and supervised by the landlord or his designated agent for safety and security purposes.