Tenant wants better lock. Owners don't.

November 4, 2010 9:57 AM

Landlord/tenant/liability. I'm the landlord. TL/DR inside.

We're renting our house in Safe Small Town, PA, to a woman who, according to the property manager, recently split up with her husband. She has two small kids who live with her in our house. Our house is not the least bit secure, to put it bluntly. It's 106 years old and has original single-pane windows and a heavy oak front door that uses a skeleton key (also original). Tenant obviously knew all this when she signed the lease. Our property manager told us today that the tenant "doesn't feel safe" and wants to install a new lock on the front door. I asked him if something had happened to make her feel unsafe. (We live 2000 miles away.) Specifically, I asked if there had been recent crime in the neighborhood or if there had been ex-husband issues. Property manager says yes, the ex-husband is "acting differently."

So finally, the question: Given that our property manager has offered hearsay information about the ex-husband, are we as landlords liable if something happens to our tenant? I should mention that the reason we don't want a new lock on the door is that a new lock would destroy the period integrity of the door, which is beautiful--a major selling point--and we want to put the house up for sale in spring.

Thoughts? None of you are my lawyer, btw.

posted by scratch to Law & Government (12 answers total)

Regardless of legalities, if something did happen to her, and it came out (and especially to the local media) that she was denied a new lock by her landlord because the door was thought to be more valuable than her safety, you're going to have a tenant problem of a different sort --- as in, not having any.
posted by zizzle at 10:05 AM on November 4, 2010

I don't know the law, but I'm in the yeah-you-kind-of-have-to-get-a-new-lock camp. But I'm also sad for the door. Would it be possible to get a new door installed? Unless it's a bizarre size, it might be less destructive to take the original door off and put it in storage until you're ready to sell, rather than bust it up with a new lock/handle mechanism, and install a new door for the interim.
posted by phunniemee at 10:10 AM on November 4, 2010 [1 favorite]

Are you absolutely certain that a new lock would destroy "the period integrity of the door"? Have you researched all potential solutions with a locksmith? If you really put due diligence into solving this problem, and find no other solution, it is your responsibility as a landlord to make your tenant feel safe.

Also, it is possible that the future owner's of the house would value a strong lock on a beautiful door, even if that door's "integrity" was imperiled.
posted by krysalist at 10:11 AM on November 4, 2010

You can certainly be held liable for criminal acts by a third party. Denying her new locks with knowledge of her situation could make you negligent and financial responsible for any damages to your tenant or property.

Can you explain the situation to her (you're selling your house and need to maintain the integrity of the door) and offer to let her out of the lease? If this doesn't work, could you replace the door or perhaps install a security system?
posted by Siena at 10:13 AM on November 4, 2010

*financially
posted by Siena at 10:14 AM on November 4, 2010

Surely a deadbolt could be added to the door without it being all that conspicuous or looking terrible. And look at it this way: if the hypothetical new owners plan to live there they will probably add a lock anyway. I would, "period integrity" be damned, and I say this as someone who owns a 98-year-old house (and who has been burgled twice and who is a landlord). Safety trumps aesthetics.

And just think how you would feel if this ex-husband breaks in and does something to this woman and/or her children and you didn't take preventative measures because you didn't want to retrofit an antique door.

As to the legal aspect of the matter, I can't comment on that, but I know that in Ontario "tenant knowing about problems before moving in" is no defense for the landlord not fixing them.
posted by orange swan at 10:16 AM on November 4, 2010

Is the beauty of the door really, truly going to add significant resale value to your home? And if so, is it really worth potentially getting a bad rap as a landlord and never having tenant income again if something did happen?

I say replace. There has to be a way to do this that won't totally ruin the period integrity of your home.
posted by joan_holloway at 10:16 AM on November 4, 2010

As both a person who loves original elements in a house and a woman who lives alone, I'd prefer to buy a house with a secure lock. The period houses in which I've lived or have visited have had updated locksets; this page from a Google Books search indicates that there are a variety of ways to increase security without compromising period appeal.
posted by catlet at 10:17 AM on November 4, 2010

I'd install a new door that you can swap out for the period one, but in truth, a deadbolt alone isn't going to keep the crazed ex out. You might want to let her out of her lease, give her back the full deposit, and find another tenant.
posted by Ideefixe at 10:19 AM on November 4, 2010

Not legal advice, but if you want to preserve the door, you should shell out the extra $$$ required to do so. Be that an expert locksmith adding a concealed deadbolt, or putting in a temporary door. (You may be able to recoup some of the cost from the tenant, but I don't think it would fly well to charge much more than a normal changing of locks costs.)

I'd at least talk to a locksmith - if they can put some kind of invisible deadbolt into the frame, then that may kill both birds and be added value when selling the house if the buyer happens to be security concious.
posted by -harlequin- at 10:22 AM on November 4, 2010

Maybe I'm just cynical, but I feel that if she is fearing for her safety, a new deadbolt on the front door isn't really going to cut it. So you install the new lock, then what? She figures out that single-pane glass isn't exactly a huge barrier to someone determined to come in, and she requests new windows? Agreeing with Ideefixe, give her the option of breaking the lease and going to a more secure apartment complex or something. Otherwise, I really don't see that just a deadbolt is going to assuage her fears.
posted by coupdefoudre at 10:28 AM on November 4, 2010

Your house isn't really secure regardless of the lock on the doors. Assuming that the door does lock and the husband isn't a locksmith, I don't think a deadbolt is going to make the house any more secure.

My neighbors have a deadbolt. When their house got broken into, the burglar used a crowbar to pry the door open and break the frame. The deadbolt was still in the locked position when the cops arrived.
posted by electroboy at 10:30 AM on November 4, 2010