Can the Landlord retain a key?



ORIGINAL POST
Posted by Brindle 14 yrs ago


Hi everyone, just need a quick bit of advice. When moving into a flat does the landlord have the right to keep a key of the flat? If yes, does the tenant have the right to change the locks?


Any advice is much appreciated as I cannot seem to find that info on the gvt website.

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COMMENTS
bob the builder 14 yrs ago
Just change the locks. No need to tell the landlord and if he does say something, your answer must be what was he doing trying to enter.

Be sure to keep the lock cylinder as you should replace the lock at the end of your lease.

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Shoe Girl 14 yrs ago
I would have thought that as the owner of the flat, the landlord does have the right to keep a key. If you should ever lock yourself out, then at least he could help you out.

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bob the builder 14 yrs ago
I would never stay in any home/flat anywhere in the world (not just HK) where someone else / unknown to me has / could have the keys to my home. They have no right to enter unless previous arrangements have been made so, they do not need the key. You will open the house if they need entry and not them.

Not too sure how you sleep or go out during the day knowing that someone not related/unknown to you as the key to your place. How do you know that he hasn't given copies to someone else?

Don't know too many landlords who will call out at 2am becuase I have lost my keys.


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Shoe Girl 14 yrs ago
Bob, obviously no-one has a right to enter your premises unless previous arrangements have been made. That goes without saying. Just because the landlord keeps a key doesn't mean he's going to enter your premises when you're out. And why would a landlord give out copies of your keys out? You've said "someone else unknown to me" - well, your landlord is known to you; you have a tenancy agreement with his name, address, HKID number, so he's not exactly someone unknown.


In the past I have been fortunate enough to call my landlord when I have locked myself out because he lived nearby, but it clearly wasn't after midnight.

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CF 14 yrs ago
As a landlord (admittedly not in HK) I would absolutely think it is ok for keys to be retained. Our property agent has keys for all our rental properties and uses them for inspections etc (always pre-arranged visits)

I am not sure what your lease agreement says, and inspections are very rare in rental properties in HK, but I think it is reasonable and appropriate for a landlord to keep a set of keys. It is after all his or her property! If you are concerned then I would make sure there is something in the lease to clarify the situation.

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bambee 14 yrs ago
Check your contract because some will state that you can't without consent from your landlord.


If you are still not sure, you can try asking your landlord first.

You can actually explain that you are worried and see what excuse they have for keeping a copy and not letting you change the locks.


In my experience, the property agents actually advise us to get the locks changed as soon as possible. Especially when there'll be dozens of copies made when a landlord hands over his keys to an agent.


Also, if you live in a highrise with good security, then the landlord can't usually enter anyway.


If the security isn't good and you don't trust your landlord, then I'd just get the locks changed for sure.


To be honest, I don't think the landlord will mind as long as it's not particularly worse quality than the original lock and you handover the keys to the landlord at the end of the lease.


The landlord will be more concerned with the state of the property you leave it in and receiving rent payments on time.


Also, check your contract again as some will say that the landlord cannot enter the premises and must let you live in the property uninterrupted.

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bambee 14 yrs ago
Some may be lucky to have a good relationship with their landlord and feel that they be trustworthy.


Some (like me) may not.


"someone else unknown to me" can be:

property agents

the previous tenant(s)

the landlord - you don't get to know a person from just knowing their name and ID number. Some of our contracts don't have the landlord's address.


If not in a secure building (ie. that would have access cards to enter), then wouldn't trust anyone unknown to me having a key copy.


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bob the builder 14 yrs ago
Our first rental agent told us to change our locks, we changed the locks on our second rental and after we bought a flat, again were told to change. It just makes sense and a lot more secure that only you and those you authorise have keys to your home. It is your home.


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bambee 14 yrs ago
here here Bob the Builder! Completely agree!


Even if you rent a place, the landlord should not have the rights to enter unless you don't pay the rent in time and by HK law, the landlord has to get a court order and be asissted with police officers, which I hear can take months on end .....


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JJChan 14 yrs ago
Agree with both the above posters. You should change the lock as soon as you move in. I'm not sure how valid your house contents insurance would be if you allow others to retain your key. In regards to a court order, it may well take months on end in some cases, however, in others the whole process is completed fairly rapidly.

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Oski 14 yrs ago
I doubt there are any specific law regarding landlord keeping a set of keys. There are rules and conditions under which a landlord can enter the premises. The following is what I remembered about a very detailed contract I signed many years ago in Connecticut as a reference.

Landlord can enter the premises if:

1) with tenant's permission

2) made attempts to contact the tenants, but failed to make contact over a reasonable period of time.

3) in an emergency

4) have reasons to believe the tenant failed to abide by the terms of the lease agreement.

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funbobby 14 yrs ago
i would dispute that landlord's claim for retention of the deposit as the lock had broken and was repaired...i doubt the landlord would have a leg to stand on if challenged


if it is a concern, have it written into the lease BEFORE moving in...

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