Landlord Keep Keys To Apartment: Good Idea?

[TomBrooklyn]

NY
4 family house, owner occupied

When I rented the apartments in my house, I didn't keep a copy of the keys. The lease says:

As provided by law, in the case of an emergency, Landlord may enter premises without Tenants consent.

If I had to enter an apartment in an emergency such as a broken pipe, I would have to break a door or window. There is nothing in the lease about who would be responsible to pay for the door or window repair/replacement.

1. Who would be responsible?

2. If it were the Landlord, would the tenant have to give me a set of emergency use keys to their door if I asked for them?

Thanks,
TomBk

 

[BL]

NY . The Landlord usually provides the tenant with a copy set of keys , and you are right,the landlord has a right to a set of keys, " in case of an emergency ".

If your tenants changed the locks, they are required to give you a copy .

If they refuse, you can have them evicted .

My suggestion , give your tenants a proper notice that either :

A) They provided you with a set of keys to the apt ( verify while your there they work ) ., or
B) You will be coming to change the locks ( set up a time and date ), and give them a set of the new keys.

If they refuse, evict them .

As far as breaking a door down in an emergency? A window would be less costly .
You could then deduct the cost from the security deposit .

 

[HomeGuru]

NY
4 family house, owner occupied

When I rented the apartments in my house, I didn't keep a copy of the keys. The lease says:

As provided by law, in the case of an emergency, Landlord may enter premises without Tenants consent.

If I had to enter an apartment in an emergency such as a broken pipe, I would have to break a door or window. There is nothing in the lease about who would be responsible to pay for the door or window repair/replacement.

1. Who would be responsible?

2. If it were the Landlord, would the tenant have to give me a set of emergency use keys to their door if I asked for them?

Thanks,
TomBk

**A: so who are you, the L or the T?

 

[john123456]

**A: so who are you, the L or the T?

He's the landlord.

*edit: he's the keyless landlord.

 

[HomeGuru]

Just checking. At least it's better than being the headless horseman.

 

[TomBrooklyn]

Just checking. At least it's better than being the headless horseman.

The Headless Horseman may be riding soon, as it is almost Halloween. His stomping grounds are not far north of here around Tarrytown, NY.

 

[TomBrooklyn]

NY . The Landlord usually provides the tenant with a copy set of keys , and you are right,the landlord has a right to a set of keys, " in case of an emergency ".

My suggestion , give your tenants a proper notice that They provided you with a set of keys to the apt If they refuse, evict them .

As far as breaking a door down in an emergency? A window would be less costly . You could then deduct the cost from the security deposit .

Thanks for the information BL. I do not feel adament that I need a set of keys, but I have a couple of lease renewals coming up, and I started rethinking it. My father owned a number of buildings in Brooklyn and he never used to keep keys of the apartments, and I think that has influenced me.

The existing leases don't specify that the tenant is responsible for paying the cost of a door or window if it has to be broken in an emergency though either.

I am inclined to not be too insistant that the tenants give me keys, but to add a clause to the new leases when they come up for renewal stating that the window or door has to be paid for within say 10 days, not just subtracted from the security if and when the tenant moves out. And I could specify the cost would include material and installation charges, (not just the material.)

At the same time, I would discuss with the tenants that if I keep a set of the keys, they will avoid the potential liability. I feel I would be OK with it either way. How do you think that sounds?

Thanks for any comments/suggestions/experiences,
TomBk

 

[HomeGuru]

Thanks for the information BL. I do not feel adament that I need a set of keys, but I have a couple of lease renewals coming up, and I started rethinking it. My father owned a number of buildings in Brooklyn and he never used to keep keys of the apartments, and I think that has influenced me.

The existing leases don't specify that the tenant is responsible for paying the cost of a door or window if it has to be broken in an emergency though either.

I am inclined to not be too insistant that the tenants give me keys, but to add a clause to the new leases when they come up for renewal stating that the window or door has to be paid for within say 10 days, not just subtracted from the security if and when the tenant moves out. And I could specify the cost would include material and installation charges, (not just the material.)

At the same time, I would discuss with the tenants that if I keep a set of the keys, they will avoid the potential liability. I feel I would be OK with it either way. How do you think that sounds?

Thanks for any comments/suggestions/experiences,
TomBk

**A: I think you somehow talked yourself out of the grand idea to keep the keys.

 

[queenofsand]

Just a couple of thoughts, Tom...

I think you are making this more difficult than it has to be. As the owner, you need the keys. Period. All this talk of breaking doors and windows to gain entrance is kinda crazy. Why would you damage your property when you could just turn a key?

And, the landlord usually TELLS the tenant how things are going to be. I wouldn't discuss this with the tenants. You don't need their input. It's your building. You can eliminate all the hassle of trying to collect for damages when they don't pay within 10 days, etc by keeping things simple.

1. If there's a need, turn a key.
2. If there's a need, break a window/door, replace a window/door, send a bill, try to collect. You'll also need to secure the property until the repair is made or your tenants will sue if something were to happen to their stuff because of your actions.

I can see you trying to defend your actions in court...uh, your honor, I decided I didn't need keys to my own property and told the tenants they would pay if I had to break a door or window. Sounds kinda wacky to me.

 

[BL]

Thanks for the information BL. I do not feel adament that I need a set of keys, but I have a couple of lease renewals coming up, and I started rethinking it. My father owned a number of buildings in Brooklyn and he never used to keep keys of the apartments, and I think that has influenced me.

The existing leases don't specify that the tenant is responsible for paying the cost of a door or window if it has to be broken in an emergency though either.

I am inclined to not be too insistant that the tenants give me keys, but to add a clause to the new leases when they come up for renewal stating that the window or door has to be paid for within say 10 days, not just subtracted from the security if and when the tenant moves out. And I could specify the cost would include material and installation charges, (not just the material.)

At the same time, I would discuss with the tenants that if I keep a set of the keys, they will avoid the potential liability. I feel I would be OK with it either way. How do you think that sounds?

Thanks for any comments/suggestions/experiences,
TomBk

You are going about the rental theory wrong .
This is really simple .

First when you rent an apartment you give the tenants a set of keys. You keep a set. As the law States you have a right to in case there is an Emergency.

Many landlords with multiple apts. in a building have the locks made up , and get a Master Key ( to avoid 2 pounds of keys to lug around and try on each lock to gain entry ), ask your hardware store .

Since you have been practicing giving the tenants keys with out keeping a set for yourself, my suggestion was simple.

Contact the tenants. Ask for a set of keys . You will pay for the fee ( as you would anyways ) , OR Set up a time for the tenants to be home and change the lock cylinders you will get at your local hardware store ( or have them change them ) , getting ( 2 ) sets of keys, 1 for you , 1 for them.

End of story. No need to change anything in the lease.

You could also ask the hardware store about changing all the lock cylinders on all Apts. in a building, getting a master key, or if they are the same model , how to obtain a master key.

Hope this answered your questions and concerns .

 

[TomBrooklyn]

As the owner, you need the keys. Period. All this talk of breaking doors and windows to gain entrance is kinda crazy. You can eliminate all the hassle of trying to collect for damages when they don't pay within 10 days, etc by keeping things simple. You'll also need to secure the property until the repair is made or your tenants will sue if something were to happen to their stuff because of your actions.

Ya, I see now how much unnecessary hassle and expense I could get involved in by not having the keys. Another thing I just thought of is in case of some emergency the extra time it took me to get access might cause more damage than otherwise would have occurred.

I wasn't looking at this correctly. Since I'm responsible for certain things, I need to have the proper authority and access to handle them expeditiously. Thanks for the heads up from all who replied.

TomBk

PS: I will blame my father again for setting a bad example. Oh OK, I forgive him.

 

[HomeGuru]

Ya, I see now how much unnecessary hassle and expense I could get involved in by not having the keys. Another thing I just thought of is in case of some emergency the extra time it took me to get access might cause more damage than otherwise would have occurred.

I wasn't looking at this correctly. Since I'm responsible for certain things, I need to have the proper authority and access to handle them expeditiously. Thanks for the heads up from all who replied.

TomBk

PS: I will blame my father again for setting a bad example. Oh OK, I forgive him.

**A: the key is, you need to do what is responsible.

 

[JETX]

As far as breaking a door down in an emergency? A window would be less costly .
You could then deduct the cost from the security deposit .

And, of course, that is NOT true. If the tenant changes the locks, call a locksmith to rekey the locks. You can then charge the tenant. However, you cannot break anything, much less a window, and then deduct the cost for YOUR action from THEIR deposit.