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Re:Tenants win right to physical keys over smart locks from ... by criley2 on Friday May 10, 2019 @09:48AM (#19877646)
FYI for Americans, it is generally illegal to change your locks and not provide the owner (or agent aka landlord) with a copy.

It's their property, not yours, and depending on state/lease they have the right to have the locks drilled/replaced at YOUR expense because you are not allowed to lock an owner out of their property.

There are only a few US states which have laws permitting tenants from changing locks and not notifying the owner or giving them a copy (CA, NJ are two). Other states permit tenant to change locks (or don't have explicit rules) but require the tenant to give a copy to the owner (like say NY).

The reason why this is tricky is because in the case of an emergency if the owner of the property needs to make emergency repairs, but cannot because you have locked them out, depending on the law and the lease in question, you could be liable for all of the damage to the property since you barred the owner from making repairs. That could be a 5 or 6 digit lawsuit pretty quickly depending on the property, the emergency and if it's multi or single family. (Think burst pipe in a multi-family flooding other tenants.... very expensive very fast)

Re:Tenants win right to physical keys over smart locks from ... by rcthompson on Friday May 10, 2019 @10:29AM (#19878033)
I live in CA, and my lease has a clause specifically prohibiting changing/adding locks to the doors. I wonder if the CA law invalidates this clause. It's not a problem for this lease because my landlord is very hands-off - I've never even met them, only communicated via email. But I'll definitely be paying attention to clauses like this in the future, especially if there's a "smart" lock on the unit.
Re:Tenants win right to physical keys over smart locks from ... by Gibbon1 on Friday May 10, 2019 @08:58PM (#19883728)
Most leases are just canned boiler plate filled with completely unenforceable clauses.

A lease prohibiting changing the locks would give the landlords insurance agent palpitations.

Re:Tenants win right to physical keys over smart locks from ... by hugi on Friday May 10, 2019 @10:21AM (#19877949)
In Iceland, if the owner of a rented apartment would request key access to his tenants apartment, well… That would be considered "batshit crazy". But it probably comes down to cultural differences, America is very authoritarian.
Re:Tenants win right to physical keys over smart locks from ... by sailfast on Friday May 10, 2019 @10:54AM (#19878333)
I think you might be conflating our current executive for the rest of America, which is 50 independent states operating together with a Federal government. Each state has its own way of doing things, and they're all different.

Recent Federal pushes into authoritarian areas, while an indicator that things are moving in that direction, do not make the country as a whole "Authoritarian", let alone VERY authoritarian.

We do tend to lean towards protection for owners of property, rather than renters of property (citation needed? In many states there are STRONG protections for non-owners even those squatting on land that is not theirs) That also severely limits the rights of the government to access the property without cause. That seems... decidedly _not_ authoritarian? But certainly skewed towards ownership.

Re:Tenants win right to physical keys over smart locks from ... by criley2 on Friday May 10, 2019 @12:32PM (#19879387)
America is not authoritarian so much as "pro-ownership"

The idea that the owner of a building couldn't perform maintenance as necessary is shocking!

Re:Tenants win right to physical keys over smart locks from ... by looperhacks on Friday May 10, 2019 @04:01PM (#19881691)
The thought that someone could enter the place that holds everything I own is more shocking to me. If my landlord wants to enter my flat, he can ask me and I'll let them in - I can't make sure that my landlord doesn't enter my flat.
Re:Tenants win right to physical keys over smart locks from ... by thatoneuser on Friday May 10, 2019 @05:06PM (#19882231)
No but tbf you can point a camera at your door and Sue his ass off if he comes in without justification or permission.
Re:Tenants win right to physical keys over smart locks from ... by kojeovo on Saturday May 11, 2019 @10:28AM (#19886341)
Also an extremely American concept
Re:Tenants win right to physical keys over smart locks from ... by asveikau on Friday May 10, 2019 @06:31PM (#19882882)
I disagree with you. It is absolutely authoritarianism at the root of these issues. (As an American who has been observing this for some time.)

A few hours ago I was summarizing this article to someone in person and concluded with "but this country is very authoritarian", the implication being that the letter and spirit of tennant laws are not widely known, and the more authoritarian cultural norms, biased towards landlords, end up as the de facto rules.

Re:Tenants win right to physical keys over smart locks from ... by romwell on Saturday May 11, 2019 @03:15AM (#19885025)
"Pro-landlord" is not "pro-ownership", it's the opposite.
Re:Tenants win right to physical keys over smart locks from ... by criley2 on Saturday May 11, 2019 @08:43AM (#19885868)
Oh sweetie, oh no...

The landlord IS the owner.

They are inseparable. You cannot be pro-landlord and anti-owner, or pro-owner and anti-landlord.

"I'm pro-developers but against programmers!"

"I'm anti-programming, but pro-coding!"

Come on now.

Re:Tenants win right to physical keys over smart locks from ... by romwell on Monday May 13, 2019 @05:14AM (#19897373)
Oh, come on. Most houseowners aren't landlords (people who own multiple properties and make money by renting it to others).

It is in the interests of landlords that as few people owned property as possible. This being pro-landlord is being anti-ownership, numbers-wise.

I'm pro-owernship of property, I'm anti-getting-rich-off-mere-ownership (that is, quite literally, rent seeking).

Someone who only wants the police to have easy access to guns is anti-gun ownership.

Someone who only wants landlords to own property is anti-property-ownership.

And being pro-landlord is exactly that.

TL;DR: all landlords are owners, most owners aren't landlords. And the rent is too damn high.

Re:Tenants win right to physical keys over smart locks from ... by zifnab06 on Friday May 10, 2019 @11:58AM (#19879002)
Where I live (Seattle), a landlord can enter your apartment immediately if there's an emergency (ie something like it's an apartment and the downstairs neighbor reports water leaking from the ceiling), or with two days (48 hours) notice. My current apartment does the second one twice a year for fire alarm testing and, well, that's been it.
Re:Tenants win right to physical keys over smart locks from ... by balls187 on Friday May 10, 2019 @12:09PM (#19879130)
One day's written notice if it's to show the unit to a potential tenant.
Re:Tenants win right to physical keys over smart locks from ... by thieving_magpie on Friday May 10, 2019 @10:27AM (#19878010)
Feudal and Authoritarian eh? Certainly not being dramatic over differing interpretations of property rights.
Re:Tenants win right to physical keys over smart locks from ... by lovich on Friday May 10, 2019 @10:48AM (#19878276)
A:the poster didn't mention feudalism

B: >differing interpretations of property rights The American interpretation is authoritarian. Just because it has a negative connotation doesn't make it untrue. The landlords are renting out a dwelling for someone, and because they are the authority of that land they get to enforce rules on who has access to it. That is authoritarian

Re:Tenants win right to physical keys over smart locks from ... by thieving_magpie on Monday May 20, 2019 @12:15PM (#19961939)
A: Yes they did. They edited the post to remove it after my post.
Re:Tenants win right to physical keys over smart locks from ... by sailfast on Friday May 10, 2019 @10:58AM (#19878382)
> But it probably comes down to cultural differences, America is very authoritarian.

That has nothing to do with the property owner but "America" based on my read, but I do appreciate this interpretation of the OP. If that's their meaning, I could see why the word comes up.

Re:Tenants win right to physical keys over smart locks from ... by lovich on Friday May 10, 2019 @11:28AM (#19878667)
You know, I think my interpretation was wrong after re-reading, but I dont think I would disagree still. America has a very strong cultural thread of authoritarianism. You see it in places like a cops word being given greater weight in court than a citizens, or how people treat rights as something the government has to give you rather than the government taking rights from you
Re:Tenants win right to physical keys over smart locks from ... by tom_ on Friday May 10, 2019 @03:38PM (#19881495)
Policepeople are citizens.
Re:Tenants win right to physical keys over smart locks from ... by lovich on Saturday May 11, 2019 @09:43PM (#19889566)
The law as practiced by the state seems to indicate that they are not the same
Re:Tenants win right to physical keys over smart locks from ... by oh_sigh on Friday May 10, 2019 @02:42PM (#19880874)
What happens if there is a gas or water leak and the landlord needs to let repairmen into your apartment in an emergency?

Do they just wait around until you show up with the key? Smash some windows or kick down the door?

Re:Tenants win right to physical keys over smart locks from ... by pkaye on Friday May 10, 2019 @03:29PM (#19881385)
Iceland is small enough in population that the communities are small and everyone knows each other or has a mutual friend.
Re:Tenants win right to physical keys over smart locks from ... by colek42 on Friday May 10, 2019 @10:08AM (#19877829)
If you need to get in a house you own in an emergency that could cost 100's of thousands of dollars why wouldn't you just break a window, or call a locksmith? I don't think the tenant would be responsible for these damages unless the incident was caused by their negligence.
Re:Tenants win right to physical keys over smart locks from ... by criley2 on Friday May 10, 2019 @10:12AM (#19877859)
I'm not a lawyer but in many states these liability claims go through a system which determines the % of liability for each party.

A tenant illegally locking their landlord out and causing delay of several hours for a time-sensitive emergency would almost assuredly get a lot more % liability blame than a tenant who properly gave their landlord a copy of the key and who was able to give access to the plumber immediately.

Hopefully they have enough renters insurance to cover the claim and their insurance company will handle the court side of things when other tenants sue!

Re:Tenants win right to physical keys over smart locks from ... by 0xffff2 on Friday May 10, 2019 @10:57AM (#19878377)
>A tenant illegally locking their landlord out...

That's not the question at hand at all though. The question is what kind of liability you incur by legally locking your landlord out.

IANAL, but I'd guess that if you change the locks in a state where it's not legal to do so you're totally hosed in terms of liability. I have no idea how liable and to what degree renter's insurance would cover you if you change the locks in a state that guarantees your right to do so.

Re:Tenants win right to physical keys over smart locks from ... by secabeen on Friday May 10, 2019 @04:39PM (#19882007)
I don't think there's any state that allows you to change the locks and not give the landlord access.

I've rented an over-the-garage studio in the past, and the landlord came in one time without notice when I was away because the supply line to the toilet burst and there was water dripping from the garage ceiling. That's the sort of emergency we're talking about here, where a landlord needs immediate access, and any delay will cause additional structural damage.

[dead]
Re:Tenants win right to physical keys over smart locks from ... by umanwizard on Friday May 10, 2019 @10:38AM (#19878152)
Can you elaborate on what you’re talking about?
Re:Tenants win right to physical keys over smart locks from ... by vraivroo on Friday May 10, 2019 @10:44AM (#19878225)
It's not legal for landlords to enter rented homes as they please, even in America.
Re:Tenants win right to physical keys over smart locks from ... by criley2 on Friday May 10, 2019 @12:28PM (#19879348)
This is false. It's up to state law but generally speaking landlords can enter the premises without warning in case of an emergency, and can otherwise enter the premises for nearly any reason (inspection, routine maintenance, showing prospective clients, etc) with a 24 hour notice. Some states may increase that 24 hour notice to 48 hours, but yes a property owner can enter their property.

This is one of those cases where owners have rights too, and renters who want more rights should consider owning.

Re:Tenants win right to physical keys over smart locks from ... by jdmichal on Friday May 10, 2019 @10:50AM (#19878294)
It's a common carve out in most states to allow immediate access for "emergency access", which is why everyone in the thread is discussing exactly that.
Re:Tenants win right to physical keys over smart locks from ... by whttheuuu on Friday May 10, 2019 @10:22AM (#19877952)
You sir would be incorrect.
Re:Tenants win right to physical keys over smart locks from ... by vraivroo on Friday May 10, 2019 @10:45AM (#19878241)
It's also not legal for landlords to enter other people's homes at will simply because they own it.
Re:Tenants win right to physical keys over smart locks from ... by criley2 on Friday May 10, 2019 @12:33PM (#19879402)
With a 24 hour notice (or 48), yes it is legal. They can post notice and come by merely to inspect the state of the property.
Re:Tenants win right to physical keys over smart locks from ... by HEHENE on Friday May 10, 2019 @04:03PM (#19881700)
This is not true in California. I had a landlord who wanted to enter all apartments to inspect for evidence of pets (someone had seen a cat inside the building) and I told them exactly where they could shove it.

(Paraphrased from CA Civ Code 1954)

A landlord may enter the dwelling unit only in the following cases:

- In case of emergency.

- To make necessary or agreed repairs, exhibit the property, or perform move in/out inspections.

- When the tenant has abandoned or surrendered the premises.

- Pursuant to court order.

Re:Tenants win right to physical keys over smart locks from ... by criley2 on Saturday May 11, 2019 @08:44AM (#19885877)
If I were your landlord and you refused, I would sue for violating a no-pets clause in the lease to get a court order to allow the inspection. Or perhaps just initiate eviction proceedings for the lease violation.

It is what it is.