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I recently heard that there is a new requirement that I change the locks
on the apartment door every time a tenant moves out. Can I charge incoming
tenants for this expense, or have them sign a waiver saying that they accept
the unchanged locks in lieu of a fee?
In 2007, the San Francisco Board of Supervisors passed a law requiring
landlords to change certain locks when a tenant vacates. You should not
charge incoming tenants for this expense, and you also cannot present a
waiver to them that excuses your obligations under this statute.
The San Francisco Administrative Code’s section on residential security
deposits (Chapter 49) now states that when a unit is permanently vacated by
all tenants, the owner must replace or re-key all door locks that are
exclusive to that unit. If two or more locks on any one door are opened by
different keys, the landlord is only obligated to re-key/replace one of the
locks. The re-key requirement does not apply to any door locks that are
provided for use to two or more units. In other words, if a lock is for
access to a common area, like the building’s roof deck, garage port, or
front lobby, it need not be re-keyed or replaced. Thus, this law only
applies to the unit itself, or areas in the building under the exclusive
control of a single unit such as one tenant’s storage locker or private
garage.
Like most laws affecting residential rental housing, the landlord
and tenant cannot enter into an agreement to waive the owner’s compliance.
A waiver would undermine public policy, as this legislation was passed
because of safety and security concerns. Specifically, the Board of
Supervisors determined that re-keying or replacing entrance door locks on
any vacated unit would help prevent crime. Even before passage of this
ordinance, the SFAA and other industry leaders always advised changing the
door locks when a new tenancy began. To this end, owners should always be
taking measures to ensure that all residents in their buildings are safe
from preventable dangers. As all of us know, keys oftentimes are lost,
stolen, or given to someone and not returned, and burglars are well aware of
the human tendency of forgetting to undertake appropriate safety
precautions.
Re-keying is part of rehabilitating and upgrading a unit before you
re-rent it. Since incoming tenants are not charged for the new carpet and
the fresh paint, they should also not bear the costs of the lock change. As
landlords in California are free to set rent at the inception of a tenancy,
there is no reason to pass the lock cost along to the incoming occupant.
Moreover, you cannot deduct this expense from the departing tenant’s
security deposit. Rather, the legislation only mandates what good property
owners and managers have been doing for years: A new tenancy means a new
lock which in the end makes for a safer home.
DW
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