Once you rent an apartment, you have the right to change the locks and not give the owner a key without fear of any liability?” True or False
True and False: You can change the locks but…
In New York’s five boroughs, you can change the locks and not give the landlord the key. Owners will want it to be done by a professional locksmith. You should comply. If you do it yourself and damage the door you are liable. You will have to repair or replace the door at your expense.
The Rider
If the door lock clause is not in the lease it is usually in the rider. The owners I have worked with insist that this be in the rider. Even if it is in the lease.
Liability #2
The lock is changed. You keep the only set of keys. One day your tub overflows flooding the apartment. The door is “taken down” by let’s say the fire department. You are responsible for the replacement of the door. The door will have to be of equal or better quality than the one damaged. Again you foot all cost.
If the owner had a key you would be off the hook.
Note: Should you be living in a high value hard to repair property, this can be quite an expense. Think 1 million dollar brownstone or landmark building.
Final Word
Think of it this way. If you were the owner. Your tenant has left the water running or you smelled gas. You had to enter the apartment by breaking down the door because your tenant changed the lock. Who would you hold liable?
Disclaimer
Disclaimer: I am not a lawyer and nothing stated here is legal advice. This article applies to the five boroughs of New York. All information deemed accurate but not guaranteed. Always check the real estate laws in your part of the country.
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