Lock Eats Key; Should Tenant Eat the Bill?

Q: I have been a tenant in a 30-unit apartment building for more than seven years. A few months back, my key got stuck in the front door of the lobby entrance to the building. I was able to ring a friend and get in, but I was concerned about other people's ability to enter the building with my key still stuck in the door. Because this was a Saturday morning, the management was not available. I tried to free the key by removing the lock. I got a screwdriver from my apartment and removed the lock mechanism. Unfortunately, my key still would not release from the lock. I finally reached the manager, who was upset that I had removed the lock. He said that the owner would be upset because a locksmith would have to be called to fix and reinstall the lock and that I would have to pay for this work.

The lock was poorly maintained, and at least one other tenant had experienced problems with it. Whether I had left the key in the door or not, a locksmith would still have been needed.

Four months passed, and I assumed they had decided not to charge me. However, I recently received a bill of more than $300 for the locksmith services. Should I be held responsible for the repairs to the lock?

A: Property manager Griswold replies:

You should not be charged for the locksmith, as what you describe is normal wear and tear or reasonable usage of the building, not negligence or vandalism on your part. Thus, the landlord should pay for these usual and anticipated costs of doing business.

Imagine if your landlord had an emergency and needed to borrow your car that had nearly 50,000 miles on the original set of tires. The landlord drives cautiously for only one to two miles, but one of the nearly bald tires blows out. Is your landlord responsible for buying you a new tire? I wouldn't think so.

Your landlord should remember that preventive maintenance can be less expensive than emergency repairs and be more aggressive when building components begin to show signs of needing service or replacement. It would probably have cost only a few dollars to routinely lubricate and adjust the lock rather than wait for it to fail and eat your key.

Q: My mother's garden is being overrun by her neighbor's ivy and bamboo. Is there any law that says the neighbor must pay to remove the encroaching plants from her garden?

Landlord attorney James McKinley replies:

A: Gardens are great, so long as they stay on their side of the fence. Plants and roots that creep across the property line or spread underground are considered encroaching plants. In every state, you have the right to remove the plants or roots that invade your property, with certain restrictions.

First, you may not harm the health of the plant. You can prune back only what is on your property. Second, you may not trespass onto your neighbor's property. This includes leaning over into the adjacent air space to prune or pull out invading plants. You must first get permission to go on their property.

Most jurisdictions have laws regarding general nuisance claims. Your mother could initiate an action for damages and to abate the nuisance, or an action to recover the cost of abating the nuisance. However, before initiating legal action, your mother might want to talk to her neighbors and see if they are willing to trim the encroaching plants back, and possibly install an underground root barrier to prevent accidental encroachment.

This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenants Legal Center, and James McKinley, member of the Moffitt & Associates law firm, which represents landlords. E-mail your questions to Griswold atrgriswold.inman@retoday radio.com. Questions should be brief and cannot be answered individually.

Copyright 2008 Inman News Features

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