Unreturned Key Unlocks Big Cost for Former Tenant
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Q I didn't return a key to the landlord after I moved out. Now he says he will deduct the cost of a new lock and key set from my security deposit. Can he do this?
A Steven Kellman, a lawyer for tenants, replies:
A landlord may deduct money from a tenant's security deposit for back rent owed, cleaning and damage to the rental brought about by use beyond normal wear and tear. The keys belong to the landlord and must be returned at the end of the tenancy. Because you did not return all the keys, your landlord is within his rights to replace the keys for the new tenant at your expense.
Because you have a copy of the key, the landlord should change the locks to protect against liability in case of a future unauthorized entry by a key. That means you will have to pay for rekeying the existing locks.
Some landlords will take this opportunity to upgrade or change the locks at your expense, which means that you are improving the property with your deposit money.
He is not supposed to do that, but he can argue that rekeying an old lock may not be practical, so new ones are needed.
The best way to protect yourself is to return all door keys, mail keys and garage-door openers when vacating. In this way, if the landlord feels it proper to rekey or change the locks for a new tenant, it will be his expense as a routine cost of doing business, not your obligation from the deposit.
I own a commercial retail building and have received a bill from my tenant for the repair of the air conditioner. I was not called before the repair, no bids were taken and the bill is rather high.
The tenant said she had to repair the air conditioner immediately. She did not attempt to call me or advise me of this until two weeks after the air conditioner was repaired. I am not inclined to comply with the request for full reimbursement because of the manner in which this was handled. I would consider splitting the cost. What is your opinion?
James McKinley, a lawyer for landlords, replies:
