Q & A: Who pays for lock?
March 1, 2007
Q: I had a tenant that I gave a 30 day notice to. He responded with vile language and many threats. Later after calming down, he apologized. ”About a week after that he reported that the apartment had been broken into. We suspect he locked himself out and kicked the door in himself but have no proof. I verified he filed a police report. I agreed to paid for the locks to be re-keyed, which ended up being $86.00.
When the tenant moved out and sent me the keys in the mail, the letter came without keys and a small hole. Now the repair contractor I hired tells me I owe him $500.00 for the replacement of the door because the door jam was damaged by the “kick in.” I plan to charge the tenant from his security deposit the new cost, which is now $146.00 for getting the apartment rekeyed for the second time which includes a “pick fee” since no one now supposedly has keys to the apartment.
Is the damage due to burglary the tenant’s responsibility or the landlord’s? This tenant was getting out of jail for felony burglary when I accepted him from early release. If he didn’t do the damage then it was probably one of his friends from lock up who did but I can’t prove any of this. It’s only logical theory. Guess it’s my fault for thinking that someone who has done their time should get a break.
A: You have a number of issues to deal with. First, the door damage, as that is most of the problem. It is not the tenant’s fault the door was kicked in, unless it was done by him or one of his “guests.” The fact that he is a felon on early release leads me to believe he is probably telling the truth about the door. Ex-cons don’t like to deal with the police in any way at all, even as victims. They don’t trust police and they know that anything that is in the slightest untoward will land them back in prison. So the fact that he called the police at all would seem to give credence to his story. So I would say you are stuck with the door repair.
I would take the re-keying out of his deposit. He didn’t return the keys to you, only mailed them, supposedly. He could have dropped them off. I guess you won’t be renting to any more ex-cons.
About the Author: Bob Cain
Some 30 years ago Bob Cain went to a no-money-down seminar and got the notion that owning rental property would be just the best idea there is for making money. He bought some. Trouble was, what he learned at the seminar didn’t tell him how to make money on his rental property. He went looking for help in the form of a magazine or newsletter about the business. He couldn't find any.
Always ready to jump at a great idea, he decided he could put his speaking and writing skills to work and perform a valuable service for other investors who needed more information about property management. So Bob ferreted out the secrets, tricks and techniques of property management wherever he found them; then he passed them along to other landlords.
For over 25 years now, Bob has been publishing information, giving speeches, putting on seminars and workshops, and consulting for landlords on how to buy, rent and manage property more effectively.
