Legal Q&A: Do I need to change the locks for new tenant?

October 28, 2014

Question: I am an owner of several small apartment buildings. What legal responsibility and liability does an owner have for changing locks when changing tenants?

Answer: An owner or manager of rental property is held to the same standard of care that would be required by a reasonable and prudent owner or manager in like circumstances. In other words, if one of your residents claims he or she was robbed or injured by someone who had a key to his or her apartment, this person could claim you were responsible. The tenant could prevail in court if the trier of fact believed that a reasonably prudent owner/manager would have changed the locks when the former resident vacated the rental unit.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: I have been asked by another property manager if a former tenant of mine caused any problems and if I would rent to him again. I suspected that he was a drug dealer or at least a drug user but I cannot prove it. What can I tell her?

Answer: If you are unsure, you should remain silent. From a legal point of view, it is always safest to say nothing. However, if you choose to do so, you should only reveal information, if any, that you know to be true and can be documented. When making a recommendation, you are always running the risk that the person you are referring to believes you are defaming their good name. Making timely notes of what you said and who you spoke to, will be valuable if you are questioned about the conversation in the future. Discuss only facts that pertain to compliance with your lease or rental agreement.

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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