Q: A tenant claims that she had her purse stolen and asked me to replace the lock on the gate to her unit.  This is the first request she has made for a lock change, and she has lived in the unit for more than two years.  Do I have to replace the lock, and if so, can I pass on the cost to her?  

A: You probably should replace the lock promptly.  Landlords are responsible to ensure that their tenants are protected from foreseeable harms, and if the thief has the tenant’s identity and access to her unit, she is in danger of being burglarized or worse.  To this end, the California courts have consistently held that residential tenants have the right to personal safety in and around their rental units.  Owners must always take reasonable steps to make their buildings safe, such as providing adequate lighting, sufficient locking devices on unit doors, and appropriate safeguards for entryways and exit areas.  This is good public policy, and owners who neglect their duty of care will be held responsible for a tenant’s injury or death caused by crime.           

In this case, because the tenant lost her key when her purse was stolen, the landlord could pass the cost of replacing the lock onto her.  This pass-through is akin to charging a tenant for the cost of a locksmith’s time when a tenant locks herself out of a unit.  The owner should also ascertain whether the locks to the common areas also require changing.  If the thief has the purse with the keys, he could gain access into the building and threaten the safety of other tenants.  Thus, the common area locks may also need to be changed (with replacement keys passed out to all of the building’s residents), and this expense could also be submitted to the tenant whose key was stolen.            

This author recently received a call from one of his tenants, a 92-year-old woman, who lost her key.  He replaced the lock that night, and he paid for the cost of replacement but told his tenant that if another change was required she would have to pay.  Regardless of how the cost is reimbursed, please change all of the affected locks immediately so as to maintain the safety of your building.

Finally, local law now requires landlords to replace the locks of all units when the tenancy is terminated.  This law was passed last year because the Board of Supervisors found cause to require owners to have new locks for new tenants, as no landlord can know for certain if a departing tenant kept keys or distributed copies to other persons.  Although modern locking devices and key systems are expensive, there can be no substitute to proper safety and well being.  

DW