Car Broken into, Keys Lost. Legally, is there a need to change the locks?

CMH on 06/11/2017 - 16:27
Last edited 06/11/2017 - 17:48

My car got broken into over the weekend, and I lost a set of keys.

I rent an apartment (6 units, all within a gated compound). 2 keys are lost, the key to the gate and the key to the apartment.

Replacing the keys is a cheap and painless process, and we've notified the real estate about the loss. At which point they have insisted that we change the locks (just for the apartment, not the compound).

The only thing to suggest that we live there was an address on a <redacted> card. Driver's licences and such have a different address to them, so we're not worried that they'll rock up to our place.

My question is: do we legally HAVE to change the locks? Can we just leave it as is? Whose responsibility is it?

Also, insurance wise there's no contents insurance, as we just don't have that much crap worth stealing or even insuring for.

Home & Garden

Comments

  • MrHyde on 06/11/2017 - 16:34
    +6

    I would think that if you were to get robbed, your insurance will not provide any cover if they find out the keys were lost and you did not change all locks.

    • CMH on 06/11/2017 - 16:35

      Nothing of value in the house, no point in insuring, hence no insurance.

      • HighAndDry on 06/11/2017 - 17:45
        +2

        Might want to rethink that - they might not be able to steal anything, but if they wreck the place you'll have to pay for the damages. Again, especially if you knew you lost the keys to the place and didn't change the locks.

        • CMH on 06/11/2017 - 17:53

          I have been told the keys to the shared compound doesn't need to be changed by the real estate, so I no longer have responsibility for that.

          Just to the apartment.

        • HighAndDry on 06/11/2017 - 18:04

          @CMH: Yes, that's what I was talking about. It's your liability as tenant (to your landlord) for damage to the property that's probably the most relevant and dangerous here.

        • CMH on 06/11/2017 - 18:06

          @0blivion:

          Fair enough.

  • tsunamisurfer on 06/11/2017 - 16:36
    +6

    Have you considered that changing the locks is…..you know…. for your benefit?

    • CMH on 06/11/2017 - 16:38

      Like I said, a <redacted> card ties those keys to the address, everything else points to another address which I'm much MUCH more concerned about. And that's a separate issue.

  • dins on 06/11/2017 - 16:36
    +1

    Sorry to hear that. Defo change the locks for mine. Better be safe than sorry.

    • CMH on 06/11/2017 - 16:39
      -1

      True, and if the driver's license shows this address I'd be worried. It doesn't, so I'm not.

      • HighAndDry on 06/11/2017 - 17:46
        +4

        Why even ask if you've already made your mind up?

        • CMH on 06/11/2017 - 17:48

          I'm asking if there are legal repercussions to not changing the locks, or if I am legally required to change the locks.

          Not whether I should change the locks for safety reasons.

        • HighAndDry on 06/11/2017 - 17:49

          @CMH: Not safety reasons - but legal reasons? Yes. If someone uses the keys to break in and wrecks the place, you'll be liable for the damages because you lost the keys, and you didn't replace the locks.

        • CMH on 06/11/2017 - 17:51

          @0blivion:

          I have been told the keys to the shared compound doesn't need to be changed by the real estate, so I no longer have responsibility for that.

          Just to the apartment.

  • kingmw on 06/11/2017 - 16:41

    Yep definitely have to change your locks (mainly the cylinders) and get new keys.

    It is usually too expensive and difficult to change the entire compounds locks as everyone will need a new set.

    • CMH on 06/11/2017 - 16:55

      Is it a legal requirement, and do you have a link to said legislation?

      • Morien on 06/11/2017 - 17:29
        +3

        You think you're going to get arrested for not changing your locks? …

        Not really seeing the point of this thread. If you don't want to, or feel the need to change your locks, then don't. If you don't have any insurance to void by not doing so, then don't. If you don't care if you get broken into, or find it very unlikely that you will, then don't.

        • CMH on 06/11/2017 - 17:45

          Just don't want to get into any sort of trouble with the real estate in a legal manner, and then have to pay much more for it later.

        • Morien on 06/11/2017 - 19:17
          +1

          @CMH:

          I'd play it safe and change the locks.

        • PVA on 06/11/2017 - 19:51
          +2

          @CMH:
          they will end up taking it out of the bond anyway.

        • CMH on 06/11/2017 - 21:08

          @PVA:

          Not if they don't have the legal right to do so.

        • CMH on 06/11/2017 - 21:10

          @Morien:

          It's kinda like insurance isn't it, pay up and you'd be safe.

          I'd take my chances and promise I won't moan about my poor decisions here on OzB

  • MrHyde on 06/11/2017 - 16:42
    +3

    It not just the contents that could be stolen, its also the apartment that could be damaged. You would be liable for any damage to the apartment - for eg: holes in walls that occured due to someone gaining access to the apartment.

    You also need to think about the risk to your personal safety. What if someone tries to come in while you are in the house and sleeping?

    If you feel the risk is low, then it might be worth taking - but only you can decide that.

    • CMH on 06/11/2017 - 17:02

      With keys why would they need to make holes in walls?

      The only real thing of value is the TV (not even full HD), my computer (over 5 years old), maybe a new-ish laptop. Nothing that requires putting holes in the wall. Which is brick in any case.

      I get it about personal safety, but again, nothing much to tie me to the property. On top of that there's like 20 keys on that keychain to 3 different properties (and some PO boxes), and maybe a previous workplace too.

      As said, I'm more worried about the property on the driver's license, and if I legally need to change the locks in this instance.

      • kahn on 06/11/2017 - 17:16

        With keys why would they need to make holes in walls?

        You've never been to a gloryhole party, have you?

        • CMH on 06/11/2017 - 17:17

          Not a big fan sorry.

  • dcep on 06/11/2017 - 17:07

    OP should put on title - Want to save $ avoid changing locks after reported stolen keys to REA.

    Anyway, the REA won't know and won't check. So, just leave it.

    • CMH on 06/11/2017 - 17:11

      I was planning to just leave it, but gf had to "do the right thing".

      Anyway, they insisted I change the locks and said it was in the tenancy agreement. I couldn't find anything in the tenancy agreement, and online just said it is the landlord's responsibility to ensure it is safe and secure.

      Wouldn't even let me do it myself, said I had to call a locksmith. Again, apparently in the tenancy agreement. (can't find any mention)

      • dcep on 06/11/2017 - 17:17

        locksmith ? call out fee $50-150
        deadbolt + cylindrical lock ? $200 fitted or more
        if mortice lock , try $300 total, ask your gf cope the bill and 'do the right thing'

        if not on contract & law , then they got nothing on you.
        just tell them it has been changed.

        • CMH on 06/11/2017 - 17:18

          That's what I'm not sure about, if there's anything in the law about me needing to change the locks in this instance.

        • dcep on 06/11/2017 - 17:30
          +2

          @CMH:

          it's your negligence for losing the keys (stolen from your car)
          you're liable for the cost of replacement keys, but not your obligation to replace the locks.

          have a read,
          http://forums.whirlpool.net.au/archive/1909491

        • HighAndDry on 06/11/2017 - 17:48

          @phunkydude: But it'll also be OP's negligence if someone breaks in using the keys and wrecks the place.

        • CMH on 06/11/2017 - 17:49

          @0blivion:

          No longer my responsiblity there as I was told by the real estate there's no need to change the lock to the compound.

        • dcep on 06/11/2017 - 18:16

          @0blivion:

          breaks in = burglary case (doesn't matter if they climb through the balcony or picks your locks & walk straight into your door.)

          no one can be sure if the burglar has the keys or picks the locks.

  • [Deactivated] on 06/11/2017 - 19:39
    +4

    Just change the lock you tightass. Don’t worry about what could be stolen, what if your girlfriend/boyfriend/child/mother/father/(insert sibling here) was attacked during a break in or one of the neighbours in the block was attacked? Would you like to have that in your conscience cause you were a fool and left keys and an address lying around in your car?
    You have a responsibility as a decent member of society to change them.

    • CMH on 06/11/2017 - 21:08
      -5

      I fail to see how this action makes me a decent member of society. Maybe you'd want to make yourself a decent member of society and foot the bill for me?

      • yolohobo on 06/11/2017 - 21:47

        Ultimately it's up to you…

        That said if you do get burgled, the landlord may have to foot the bill for repairs. Or once you've moved out, the next tenants could have some valuable or irreplaceable belongings stolen.

        One might argue a "decent member of society" would chose to get the locks replaced, given it's easy to do, doesn't cost much, and avoids a much more serious set of potential consequences for others.

      • [Deactivated] on 07/11/2017 - 06:21
        +2

        I wasn’t the idiot that left the keys to the city in my car. Just think rationally. These people break into car and steal things, what makes you think they wouldn’t hurt someone? A decent member of society would look after their neighbours and makes sure their safety is the same as it was before the fool lost his keys.

  • furys12 on 07/11/2017 - 08:14
    +1

    If you are serious about not replacing the lock then you're going to have to go to your states tenants union or a lawyer and find out legally what your position is, no one on here will know, or if they actually do their advice won't be binding and the REA, might know, but will tell you anything to make you pay for it.

    Anyway the best outcome of that is you know your legal position and can fight from that position if the REA think it's on you, or the property owner does they'll for sure make you have to fight them which will sour all relationships and make it practically guaranteed you won't get a lease renewal.

    To me though you've already made the biggest mistake if you really didn't want to do it, you told the REA, now that they know they'll use that knowledge, it's not just the car thief's coming back having found your address but anything that goes wrong from now on, is on you, whether it was them or not

  • [Deactivated] on 07/11/2017 - 11:15

    I own a property in an an apartment block with gate access. The BC rules state that if you lose the gate key you have to pay the cost of replacement of the locks. If my renter lost the keys to the apartment I would be charging them for replacement cylinders for my locks, as that is a condition of the lease also.
    They have insurance, so that would pay for it all, minus the excess.

  • Plug on 07/11/2017 - 11:23
    +1

    So say someone finds the key/card/whatever, makes a connection to the address and squats there?

    You say you have nothing of value there. What about things like your furniture and clothing. What if these get trashed?

    You really don't appear to have thought this through.

  • Love a bargain on 07/11/2017 - 17:36

    You don't need to change the whole lock, just need to have the lock re-keyed. It's not that expensive. (From memory it's around $100 but that was quite a few years ago.)

    If I were in your shoes, I'd definitely do it for the peace of mind (or, in your case, to keep the GF happy).

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