What is your apartment building’s key policy? Many buildings have shifted to electronic keys, and many landlords have master keys that work for almost any rental unit in the building. Here’s what you need to know about tightening up your building access and building key policy, ensuring that you have a key control solution that’s good for renters and you.
Why Should Landlords Have a Key?
Access to every tenant’s apartment when no one is home is necessary every once in a while, which is why a solid apartment building key policy is essential. Landlords may be responsible for regular maintenance, like changing filters and verifying that smoke detectors work, or when a tenant calls for a maintenance issue. It’s not always convenient for the tenant to be home during the day if their AC unit stops working or their toilet won’t stop running, so access to the apartment makes sense for both landlord and tenant. In addition, emergencies occasionally arise, such as a flood from a burst pipe or a fire in the building.
Types of Master Key Systems for Landlords
Plenty of lock options today allow landlords entry to all units. Popular lock systems include:
- Duplicate keys: The property manager retains a duplicate copy of the key for each apartment for staff use.
- Landlord single master key system: While each apartment has a unique key, a master key can open all units.
- Keypad locks: Allows tenants to set their codes, with an override code for management to use.
- Electronic cards or fobs: While these are more popular in hotels than apartments, ease of use may make them more common.
Landlord Responsibilities
A building key policy will also outline the legal reasons landlords are entitled to a key. In most states, laws stipulate that multiple-unit landlords have a duty to keep the apartments and the building’s public areas in “good repair,” which means clean and without vermin or other pests, garbage, or offensive material.
In the building, on the grounds, and in each apartment, landlords are generally required to maintain the following:
- Electrical systems
- Plumbing, including hot and cold running water
- Heating and ventilating systems (HVAC)
- Appliances provided by the landlords, such as stoves and refrigerators
- Some form of garbage disposal
Are Landlords Entitled to a Key by Law?
All state’s general building key policy laws allow landlords to enter a rental unit without notice in the case of an emergency (imminent, serious threat to health, safety, or property) and when the tenant has abandoned the property. In addition, in every state, the landlord can’t use the right of entry to harass or retaliate against tenants or to inspect their belongings.
Although the laws vary in different states, most states agree that the landlord is entitled to a key and access under certain circumstances.
New York law, for example, allows tenants to install a new lock in addition to the existing lock but must give the landlord a duplicate key if requested. If the tenant refuses, it violates the lease, and the tenant can be evicted.
Oregon law spells out a detailed set of common-sense provisions for landlord entry in plain English, such as:
- Landlords must give tenants 24 hours’ notice of intent to enter the apartment except under certain circumstances.
- In an emergency, such as a fire, water pipe peak, or other problems that may cause severe damage if not dealt with immediately. Note: If a landlord makes an emergency entry when no one is home, they must provide information about the emergency, when it happened, and who entered the apartment.
- When the tenant puts in a written request for maintenance, the landlord usually has a week to make the repairs without advance notice of entry. If the repair takes longer than seven days, give the tenant notice. If the repair person is not on your maintenance crew, the tenant can ask to see the authorization form you signed to provide them with access.
- When landlord and tenant have a written agreement regarding a specific circumstance in which no notice to enter is needed. For instance, the tenant may allow the landlord to enter without prior notice for potential renters or buyers to view the space.
- If the unit appears abandoned or the landlord suspects the tenant has moved out.
It pays to know the laws in your state because landlord/tenant laws are not universal. Florida, Wisconsin, Arizona, and Virginia have laws similar to Oregon’s. Some states, like Iowa and Louisiana, don’t even mention entry, and Colorado has a special provision in their building key policy laws for bed bug inspection (tenant gets 48 hours’ notice).
10 Tips for Building Key Policies
While each state may have its own laws about landlord access, you can start establishing a building access control policy by following these common-sense protocols that should keep you out of trouble in any state. Building owners, property management companies, building superintendents, security guards, maintenance personnel, resident managers, and apartment residents should all have a copy of your key control system in the leasing office or in the lease or rental agreement.
1. Be Consistent
Establish a consistent rental key policy and apply the same rules to all tenants and units. Include what kind of system you will use, who will have access, and how access will be accomplished in the event of a routine or emergency need to enter.
For example, how will you grant access to an outside plumbing company if a significant plumbing repair is necessary?
Depending on the type of lock system you have, options may include:
- Sending a staff member to let them in (and stay with them or not).
- Giving them a key or fob and expecting them to return keys at the end of each day.
- Giving them a temporary or permanent access code to an electronic lock.
When the work is completed each day, will you send a staff member to ensure they have locked the apartment? Will they check to ensure any mess from the work is cleaned up? What happens if something is reported stolen?
All these questions should be answered in advance so your staff knows how to communicate your policy and handle any situation that might arise.
2. Add an Entry Clause
Include a clause in your lease agreement that outlines the conditions under which you may enter the apartment, so your tenants know what to expect. Renters have a reasonable expectation of privacy, but they need to understand that you will need access to the unit when necessary to fulfill your obligations as a landlord.
3. Provide Advanced Notice
Give your tenants ample notice before entering their apartment, usually 24-48 hours, except during emergencies.
4. Stay Out When You Can
Respect your tenants’ privacy by avoiding entering their apartments without permission or a valid reason.
5. Rethink Your Current Lock Systems
Consider using electronic access systems that allow tenants to grant access to a third-party service provider or contractor, such as cleaners or a maintenance worker, without being present. This could include coded security systems or putting a key card reader in apartment doors and common areas.
6. Document Every Entry
Keep a detailed log of all entries to the apartment, including the date, time, reason for entry, and who entered. If a tenant loses a key, be sure to have them submit a lock change or key request form.
7. Get Legal Advice
If a tenant changes the locks and refuses to grant access, consult with an attorney to learn the legal recourse in your state.
8. Upgrade When You Can
When replacing locks or keys, ensure that the new ones are of the same quality or better and meet the same safety standards as the previous ones.
9. Have a Lost Key Plan
Tenants lose keys, which is another good reason why landlords need keys. Your rental key policy should have a provision for replacement keys or replacement locks in case of lost or stolen apartment keys. The lease agreement should specify that lost or stolen keys must be reported to property managers.
10. Know the Law
As mentioned above, state laws may vary. Know your state laws and ensure your staff understand what they can and cannot do.
Entering a tenant’s home should never be taken lightly. In addition to privacy concerns, there could be safety issues for your staff, including animals or armed tenants, which are excellent reasons to provide plenty of advance notice and to knock even if they know you’re coming.
Remember, happy tenants make managing a building much easier. Honor your tenant’s right to privacy by following state and local laws and practice good communication. Using these tips, you may avoid legal issues while maintaining a good relationship with your tenants.
