View Full Version : Is the Law on my side for this lock change reimbursement?
Jorgie_Girl
Jan 12, 2011, 05:18 PM
Late in the evening, while I was locking the door to my apartment, my key broke off in the locked position so I could not regain entry. I immediately called my Property Manager (PM) and asked her what to do, she sent me numbers to three different locksmiths and told me to call them - no other instructions were given.
The locksmith that responded charged almost $300 because it was 'after hours' service call. While he was working I called to inform the Property Manager that the locksmith arrived, how much he was charging, and to make sure that I'd be reimbursed since she told me to call him. She later called me back and said the owner may not reimburse me for the cost. I asked her what was I supposed to do tell him to stop so I can't get into my apartment? She didn't respond.
Later the landlord said the cost was outrageous and refused to reimburse me. My lease says that the landlord is responsible for locks and repairs over $50 but I have to use someone authorized by either the landlord or the agent (Property Manager). I presumed since the PM sent me numbers to call, that they were authorized.
NOTE: I rent from a private owner so there is no on-hand maintenance.
Do I have a leg to stand on?
ballengerb1
Jan 12, 2011, 05:21 PM
Yes you have a leg to stand on but you may have to sue to get your money. I'd spend some face to face time with the owner/landlord, skip the proeprty manager at this point and have a sit down. You did what you had to do and apparently at the direction of the PM
Fr_Chuck
Jan 12, 2011, 05:46 PM
Yes, you have a great case, you called, they gave you companies to call. You informed them. The lease says they are responsible.
The only issue may be why the key broke, and if you were responsible at all, ( turning too hard, turning wrong way) if they are going to fight, they may try to say that.
But you shoulld have a wonderful case
Jorgie_Girl
Jan 12, 2011, 06:19 PM
The locksmith said It wasn't my fault (and explained to the PM): It's due to the slight shifts that happen to buildings over time, one side is slightly lower than the other causing bolt not to match the insert. Instead the bolt may rub the plate of the insert-part making turning difficult which causes the key to break.
I didn't know this though... thought the lock was acting weird because of the cold weather.
Jorgie_Girl
Jan 12, 2011, 06:20 PM
Thank you :)
Jorgie_Girl
Jan 12, 2011, 06:20 PM
Thank you :)
ballengerb1
Jan 13, 2011, 07:05 PM
Thanks for sharing a little know fact. Locks and door latches do not work unless there is adequate wiggle in the door, plate and all lock parts. We used to "penny you in" college. 3 or 4 of us would push hard on the bottom of the door and then wedge pennies in the gap between the door and the frame. You are now lock inside until we let you out. Don't try this at home.
ScottGem
Jan 13, 2011, 07:25 PM
The real key here (forgive the pun) is what the lease says. If the lease specifically covers the locks then you are golden.
ballengerb1
Jan 13, 2011, 07:37 PM
I agree but golden may have to be proven in court if the LL just keeps being a putze. I'd still shoot for a sit down with the owner and reason with him. The facts are on your side and you may be able to mellow him with those facts, he may not be awae the PM gave you the smiths name
Jorgie_Girl
Jan 14, 2011, 07:26 PM
Thank you all! I've posted what my lease says below:
The PM and I have been emailing back & forth with the owner copied. The owner has not responded.
As for the plate, the locksmith drilled the plate lower to avoid friction with the door and the new lock.
Lease:
17. REPAIRS: Tenant acknowledges that Tenant has inspected the Premises and accepts the
Condition AS IS with no warranties or promises express or implied. Tenanishall maintain the Premises
In good, clean and tenable condition throughout the tenancy, keep all plumbing fixtures in good repair,
Use electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner,
Removing all garbage in a clean sanitary manner. Landlord will make necessary repairs to Premises
With reasonable promptness after receipt of written notice from Tenant to Landlord or its agent for major
Deficiencies which create unsafe or untenable conditions. Major repairs shall include plumbing leaks,
Heating/cooling systems failure, provided and built in appliance failure or major structural defects.
Tenant shall make or cause to be made at Tenant's expense all other minor repairs such as locks and
Keys, screen damage, broken windows, smoke alarm batteries, loose screws, bulb/fuse replacement
And any garbage disposal (if provided) condition caused from misuse of the disposal. Tenant shall be
Fully responsible for, and agrees to maintain and repair at Tenant's expense, the following:
NONE If any damage, beyond normal wear and tear, is caused by Tenant or guests,
Tenant to pay vendor at time of repair or pay Landlord the cost of repair with the next rental payment as. Additional rent. Tenant must use vendors approved by Landlord or its agent. Tenant may not remodel
Or structurally change the Premises nor remove or add any fixture without written permission from
Landlord or its agents. All service requests must be made through the property manager if any. Any
Services ordered directly by the Tenant without written authorization of Landlord will be at the Tenants
Expense. TENANT is responsible for all minor repairs, $50.00 or less after accepting the property. Any
Repair over $50.00 is the total responsibility of the Owner, unless caused by TENANT'S negligence, in
Which case would become the TENANTS total responsibility.
Jorgie_Girl
Jan 14, 2011, 07:31 PM
The owner lives 1000 miles away - never even seen the place - and isn't responding to emails, etc. I'd prefer to talk to him but he's missing in action...
ballengerb1
Jan 15, 2011, 01:12 PM
I think this will be the owners stance "Any
services ordered directly by the Tenant without written authorization of Landlord will be at the Tenants
expense." was your direction to call the lock man done in writing? I do not think you were negligent or did anything out of order and the LL should pay. This was caused by settling or old age, you can't wait for aletter to arrive so you did what you had to do to get inside your unit. It should be his cost but he may argue it was not in writing. If you want to sue him you could be do not try to withould any rent money to recoup your cash.
Jorgie_Girl
Jan 17, 2011, 05:32 AM
That's exactly what they're trying to say but the PM told me to call and I have a copy of the txt message from her with the numbers along with her voicemessage saying she'd send me number to contact.
ballengerb1
Jan 17, 2011, 09:50 AM
You may be up againist a brick wall. Your could sue him in small claims if its worth your time.
Jorgie_Girl
Jan 17, 2011, 07:18 PM
I'm tempted to withhold rent because my lease ends next month. I haven't violated the lease and I found a new place. I did meet the "Shame on You" Consumer Reporter - I'm considering bad press for them, but seems those are my only options
ballengerb1
Jan 18, 2011, 08:14 AM
If you withhold te rent you will be breaking the law in most states and what do you think he will do with your deposit?