Legal Q&A: Can tenants change the locks?

Legal Q&A: Tenant caused fire. Is he liable for damages?

April 11, 2016

Question: We are planning on selling a rental house. The tenants said they do not want a lock box put on the front door. Can we do it anyway? Do we still have to give them notice that someone is coming by to see the house?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: We do not advise our clients to allow lock boxes because of potential liability. Moreover, California law requires a reasonable written notice be given to the tenants before entering. Twenty four hours is presumed to be a reasonable time.

Question: If someone says we cannot enter his unit unless he is present, what would happen if we entered anyway? Could he sue us?

Answer: A court may consider this a violation of the right of the tenant’s privacy and allow for statutory and actual damages as well as a restraining order. The tenant may also claim broken or missing items.

Question: I have a tenant who caused a fire in an apartment which resulted in a substantial amount of damage. The fire department concluded the tenant was at fault. Can he be liable for my deductible? And, can I take it out of his deposit?

Answer: Yes, in fact he is responsible for all losses suffered (your insurance company may want to pursue him).

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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