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Tenants win right to physical keys over smart locks from landlords

cnet.com

351–360 of 367 posts

Re: Tenants win right to physical keys over smart locks from landlords

#351
post #22

When I was last renting (in the UK) I changed my locks the day I moved in, then swapped them back to the original cylinders when I left. I thought it was pretty good practice not to have a door with an unknown number of previous tennants, cleaners, letting agents, landlords etc with access.

It never occurred to me not to change the locks. The minute I start paying rent, I always saw it as my home. Upon viewing the place, I make explicitly clear that I expect it to be cleaned and anything that's broken shall be fixed prior to my taking possession and that I will consider the contract null and void if it's not. I ensure this is written into the contract so that if it's not taken care of, the contract is n…

I don't how it works in Canada, but in the U.S., if the lease becomes "null and void", whatever that means, then you lose the contracted right of possession. If you don't leave immediately, you're in material breach, and the landlord will start eviction.

I've had applicants who insist on similar changes, and I'll decline their application every time. It sounds like you're a good guest, but without knowing anything more about someone, I take such behaviour as a big red flag.

Re: Tenants win right to physical keys over smart locks from landlords

#352
post #295
post #23

The comments seem to be missing the two key aspects: accessibility and surveillance. The smart lock requires you to have a charged, working smartphone that you can use in order to get into your own apartment. One of the claimants is 93 and lacks the manual dexterity to do that. On top of that, smart locks can report when you enter and exit your home to the landlord; and, if under the landlord control, can provide oth…

My memory says that in NY, the landlord cannot enter or authorize someone else to enter without 24 hours notice to the tenant. This is not widely known, and virtually every rental contract says otherwise. But those terms are unenforceable. For the record, I learned this from a lawyer living in New York as an example of why many landlords choose not to rent to lawyers. It turns out that while discriminating on the bas…

In the UK good landlords want to rent to lawyers. Failure to pay rent would eventually compromise a lawyer's professional body membership.

Re: Tenants win right to physical keys over smart locks from landlords

#353
post #227

Earlier quoted context omitted.

Entirely legal in EU, btw

That's not true. In Austria at least, a landlord certainly can't enter a rented-out apartment unannounced.

I replied to a wrong comment and didn't notice. What I meant is that changing locks is entirely legal in EU.

Re: Tenants win right to physical keys over smart locks from landlords

#355
post #295

Earlier quoted context omitted.

My memory says that in NY, the landlord cannot enter or authorize someone else to enter without 24 hours notice to the tenant. This is not widely known, and virtually every rental contract says otherwise. But those terms are unenforceable. For the record, I learned this from a lawyer living in New York as an example of why many landlords choose not to rent to lawyers. It turns out that while discriminating on the bas…

In the UK good landlords want to rent to lawyers. Failure to pay rent would eventually compromise a lawyer's professional body membership.

>good landlords

>NYC

I see no contradiction between your logic and "it's hard for a lawyer to rent in NYC" :)

Re: Tenants win right to physical keys over smart locks from landlords

#356
post #186

Earlier quoted context omitted.

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.

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!

"Pro-landlord" is not "pro-ownership", it's the opposite.

Re: Tenants win right to physical keys over smart locks from landlords

#357
post #101

Earlier quoted context omitted.

We changed the locks originally because we caught him in the place doing an inspection unannounced. All our clothes had been gone through and the computer turned on. Funny sounding inspection. The marmite was deserved. If you’re going to make someone’s life miserable and insecure for six months then we’re going to roll out the red carpet on pettiness.

To anyone reading this: if this happens to you, please talk to a lawyer. Please do something to protect future tenants, get the landlord's info online. Don't seek retribution just for yourself.

(if you want to burn all your money on a lawyer that is)

It's honestly best to cut your losses and walk away.

Re: Tenants win right to physical keys over smart locks from landlords

#358

Earlier quoted context omitted.

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!

"Pro-landlord" is not "pro-ownership", it's the opposite.

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 landlords

#359
post #323

Earlier quoted context omitted.

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.

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/…

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.

Re: Tenants win right to physical keys over smart locks from landlords

#360

Earlier quoted context omitted.

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.

No but tbf you can point a camera at your door and Sue his ass off if he comes in without justification or permission.

Also an extremely American concept
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