Landlord keeping a key to apartment

Accomodation, House and Garden
21
You have to ask him for some more keys. When I grew up we were four persons and five keys.

In case of doubt, order a key-service-company to establish a new lock with a sufficient number of keys.

You understand correctly, and it is what the housekeeper in my last domicile told me. As long as my mother lived, I had one spare-key in her apartment, and the housekeeper had HER phone-number, just in case.

22
You're right about an obvious problem in the apartment, that would be completely understandable. We just had a power outage. No one on oxygen or even a fish tank to worry over.

My concern was that instead of contacting us by the cell phone, she called our mutual aquaintance to b*tch, then discussing with him the coffee maker in our kitchen. Hmmm.

After moving in I heard stories from several unrelated sources why there are often vacant apartments here...

23
If the power outage is more than a couple of hours you might want to be worried about the contents of your fridge or freezer. I think I would want someone to come in and salvage what they could and put a ruddy great towel or a bucket under the freezer door - just in case.

24
Hadn't thought of that. Of course, the freezer's only the size of a shoe box with a small ice cube tray taking up the majority of it.

Still, shouldn't they have put in a call to us, the renters? They do have our cell numbers.

I'm also glad to be aware of the requirement to notify the land lord if plan to be out of the apartment over 28 days.

25
It's the same for us, but with the legal executor. It's the same in BE and actually, if there would be an emergency, wouldn't you want someone to have access to your house?

26
I'm a bit confused about all this hoopla over a landlord having a key actually.

My expectation is that the landlord does have a key just in case there are emergencies. I was a little surprised to find that apparently ours does not AND that she'd wanted us to give a key to the neighbor.

27
I have 3 keys, but landlord does not have one. Very generous of him to give you his spare.

28
There's no hoopla. The law is clear. The landlord is not legally entitled to keep a key. Most rental contracts stipulate that you leave a key with someone if you are away (some insurance contracts do also). If you want that person to be the landlord, that is a prerogative of the tenant. If you want it to be someone else, that is also your choice. It's just a tenant's decision, I don't see what is so complicated about that.

29
Nope...not generous, just legally correct. He's not entitled to have a spare.

30
Actually, in many rental contracts it is stated that you need to leave a key with someone (ideally the Hauswart or Landlord) when you go away in case of emergency. I have explained this to clients. How to do this is quite simple. Put the key in an envelope, seal it, and then initial the back flap. Give it to the landlord along with the dates of your absence. If upon your return the envelope has been opened, you will know it right away.

Does your landlord have a key? Were you aware of this? The landlord cannot keep a key to your apartment without your permission. I have battled with owners on behalf of clients on this very issue. At the end of the day, if the owner has a "secret" key, it is difficult to find out.

31
Here the statement of an expert in K-Tipp :

Mit der Vermietung überlässt der Eigentümer die Wohnung dem Mieter zum alleinigen Gebrauch; der Mieter darf jetzt allein entscheiden, wen er in seine Wohnung lässt. Der Vermieter darf also in den vermieteten Räumen nicht mehr ein und aus gehen, wann er will. Einen Schlüssel oder Passepartout darf er nur behalten, falls der Mieter damit ausdrücklich einverstanden ist. Wurde vertraglich nichts anderes geregelt, kann der Mieter also die Herausgabe aller Schlüssel zu seiner Wohnung verlangen oder - falls der Vermieter einen Passepartout für alle Wohnungen hat - das Auswechseln des Schlosszylinders auf Kosten des Vermieters fordern.

** With the renting out, the owner leaves the apartment to the renter for sole usage, the renter now alone decides who he allows into his apartment. The owner no longer is allowed to get in and out of the rented out rooms. He only is allowed to keep a key or passepartout if the renter fully agrees.

If nothing else was agreed by contract, a renter can demand to get ALL keys to his apartment, or in case there is a passepartout, demand that a new lock is done in at the cost of the house-owner.

In vielen Mietverträgen ist allerdings festgelegt, dass der Mieter bei längerer Abwesenheit dafür zu sorgen hat, dass der Zutritt zu seiner Wohnung in Notfällen möglich ist. Er muss dann dem Vermieter eine Vertrauensperson nennen, die den Wohnungsschlüssel hütet, oder dem Vermieter selber den Schlüssel für diese Zeit übergeben.

** In many contracts, there however is a clause that the renter in case of longer absence has to take care to ensure that entry to his rooms in case of emergency is secured. He therefore has to name a contact-person who has full access and can be contacted by the owner

Falls der Vermieter ohne Einwilligung des Mieters in ein Mietobjekt eindringt, begeht er Hausfriedensbruch und macht sich strafbar - ausser er handle in einer Notfallsituation: Bei Bränden oder Wasserleitungsbrüchen zum Beispiel können neben dem Vermieter auch die Feuerwehr oder der Sanitärinstallateur die Wohnung gegen den Willen des Mieters und ohne Voranzeige betreten

** if the owner gets into the lodgings of a renter without permission, he is guilty of "Hausfriedensbruch", except in case of emergencies. In case of fire or water, beside the owner, also the fireworkers and the plumber are allowed to get into the apartment also against the will of the renter

32
If I was the owner of a tenanted property, I would like to have a key for use in emergencies. Of course, I would ask the tenant's permission and would hope there would be a spirit of mutual trust.

I do have some clients where the owners hold a key. This was by agreement of the tenant.

In other cases the owner does not have a key but a key is left with someone while the tenant is away.

33
In the last place where I was living, the housekeeper had my business phone number, my mobile phone number and the phone number of my mother. Now, the "housekeeper company" is some 25kms away, the house administration company some 20 kms away, and so, people generally are "self-organising"