If tenant replaces the locks, guess who needs a key?

After a recent burglary, a tenant quietly replaced the locks, keeping the new keys to himself. When the owner found out, he demanded a spare key. Does the owner have a right to the new key?

In California, if a tenant changes a lock, the key must be given to the landlord promptly. For starters, owners must have a key to fulfill their obligation of maintaining and repairing the rental property.

Many leases now contain a specific provision requiring changes be reported immediately. Some disallow tenant’s changing the locks at all.

Emergencies certainly qualify as a reason the owner needs a copy of the key. So what’s considered an emergency?

Emergencies are any unexpected or sudden problem that calls for immediate action, such as fire or flood. Hot water rolling down the wall into a downstairs unit sent one landlord running upstairs with a passkey. Loud knocking produced no result, so the passkey was used. The hot waterline had sprung a leak in the bathroom wall, turning the upstairs into a steamy sauna.

Quick entry helped determine what the problem was, allowed access to the shut-off valve and enabled a quicker cleanup. If the owner had been unable to gain entry, the damage would have been much worse.

Noise can qualify as an emergency. Screams of abuse have prompted calls to landlords. If no one answers the door after a report of abuse, the landlord may have to open the door to enter with police and determine the situation.

Silence could also indicate a crisis, especially if a tenant lives alone. If family or friends call a landlord to check in on a missing person, the landlord may need to quickly enter if there’s a cause for concern.

Landlords may also come in when the unit is left unattended for a period of time, often justifiable after seven absent days. Why? Rains such as those Southern California experienced this winter, for example, may require a landlord visit to an unattended unit to check for leaks or water damage.

Unusual odors coupled with an extended absence by the occupant have also prompted unexpected landlord visits to units.

Although most landlords have better things to do than let themselves in to browse through units, what about landlords who abuse their key rights? When is an entry by the landlord considered stepping over the line?

It depends on where you live. Common sense used to prevail, but laws have sprung up in many states to close the door on potential landlord entry abuse. Still, about 20 states have no statutes on the books.

California law sets 24 hours as a reasonable notice standard for nonemergency entry. Notice can be given in writing, although verbal notice is sufficient when it is mutually agreeable.

Some states include a window of time considered reasonable for landlord entry, because being served a notice that a plumber is coming at 5 a.m. can be annoying. California has a “normal business hours” rule, which should rule out claims for pre-dawn or late-night entry. Details can be found at www.dca.ca.gov/legal/landlordbook.

What about entry for government health and safety inspectors? Some cities, including L.A., have implemented a required systemic enforcement inspection system. Administered by the Housing Department, the code enforcement team first notifies the landlord, requesting entry to all units.

On the day of inspection, a checklist of health and safety issues is checked, such as making sure smoke alarms are functioning and water heaters are properly strapped. Inspectors have established a three-year timeline to try to check out every single unit, regardless of year built. All cities have some type of building and safety or housing department, which has the right to demand inspections or investigate any complaints.

What if the tenant doesn’t want anyone to enter? An owner could serve a three-day notice to correct the problem along with a Notice of Entry to Make Repairs, which indicates a specific day and time the owner will be coming after the three days have passed. If the renter does not permit entry, a landlord may file an eviction lawsuit.

H. May Spitz writes from Los Angeles. Send comments to hmayspitz@aol.com.