Q: My property manager misplaced their copy of the key to my apt so I had the lock rekeyed. Now they won't reimburse.
Can i deduct it from my rent since I felt unsafe?
A: There is a California statute which requires a landlord to "Install and maintain an operable deadbolt lock on each main swinging entry door of a dwelling unit." The law then specifies some specifications for the lock. (CC Section 1941.3(a)(1). However, it also requires the tenant to give the landlord an opportunity to do his duty. The tenant is required to give the landlord notice of the problem and allow him "a reasonable time after he becomes aware" of the problem to fix it (CC1941.3(b). You have said that it is the landlord who notified you of the loss of the key, so the notice requirement is satisfied. Did he offer to take care of the problem and fail to do so within "a reasonable time?" In the case of a lock on an entry door, I think a reasonable time is 24 hours, or as soon as a locksmith can get there. If he did not offer to get someone, and you went ahead on your own, I still think that he must pay for the locksmith unless he has some argument about the reasonableness of the charge. I believe you can pay and deduct, but I would tell him you are going to do that, ask him how much time he needs to reimburse you, and if it is longer than 10 days or so, deduct it from your next rent payment. Be as reasonable as you can. No need to be other than courteous.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
