The protection of your rental units is
important, not only financially but also to protect your tenants and
prevent legal troubles. This concern may cause a landlord to change
the locks and security codes of rental units at inopportune times -
or even when doing so is downright illegal. But being overcautious
can also cause trouble of its own.
So, when should you go ahead and change
the locks, and when should you wait? Here are a few do's and don'ts.
1. Do Change Locks Between Tenants
Most landlords are not legally required
to change the locks when a renter moves out - but this is a good
idea. Even if the prior renter gave back the keys, you really don't
have any guarantee that they did not make other copies or gave out
the code. Changing the locks now protects your unit from any
disgruntled tenants and gives the next renters peace of mind.
2. Don't Change Locks Early
Your tenant's rental of the unit
technically lasts until the expiration of their prepaid rental
period. Even if they appear to have packed up their things and left
or have change the locks on their own, you are generally required to
give them until the expiration of their lease before locking them
out.
You do have a few options, though. You
may notify the lessee that you will be changing the locks and wait a
reasonable time before doing so. In the notification, let the tenants
know how they may pick up a new key for the lock if they want one.
3. Do Change Locks When Requested
Have your tenants expressed a
legitimate concern about their safety? Again, you are not necessarily
legally required to respond by boosting security but it's a good
idea. While a tenant may simply be paranoid or anxious, they may also
have a real reason to worry.
Does a tenant fear burglars in the
area, an angry ex, or a potential stalker? If you dismiss these
concerns and something does indeed happen, you might find yourself on
the receiving end of an expensive lawsuit. At the very least, you may
end up with a PR disaster and a guilty conscience. In this case, a
lock is a small price to pay.
4. Don't Change Locks on Deadbeats
Unfortunately, most landlords are
prevented from locking out a nonpaying tenant or one who has caused
damage to the unit. You must wait and go through the legal remedies
for bad tenant situations. Generally, this is the full eviction
process, and it can be frustrating. But rash action like locking out
tenants will undermine your legal case - and it may even open up you
to lawsuits instead.
5. Do Change Locks With Permission
You don't have to wait until a tenant
actually leaves in order to change the locks in the correct manner.
Smart landlords put a clause in their contracts regarding the manner
in which locks can (or can't) be changed - both by the tenant and by
the owner.
If you feel the need to change the lock
or code for an unexpected reason, give the tenant written notice as
far in advance as possible. You may even speak with them on the phone
to coordinate the change. Then make sure they get the new key or code
immediately and take back all old keys.
Landlords must contend with many tricky
situations with their rentals. But by understanding the do's and
don'ts of changing the security on their properties, property owners
can keep problems to a minimum. If you're a landlord facing one of
these or other security issues, contact Roca
Lock & Key
today. Our team can help you protect both your
business and your tenants.
