Pass All Keys To Tenant

[SeeMee 0]

Hi,

Just wondering can the landlord hold a set of keys of her/his own property while renting it out ?

My tenant demanded me to surrender all the keys I have, cos he feels 'unsafe' for me holding a set.

Is there a rule stating that landlord cannot hold any extra keys, eg. letterbox key etc. ?

[applefreak 1]

i believe you should hold AT LEAST one set of keys to the unit

what if he is doing something funny inside the unit?

cannot let him hold all the keys lah

[yoongf 11]

Why tolerate unreasonable tenant? If he not comfortable renting, then.. not fated lor..

[keltong 4]

I believe it is within your rights to hold a set of keys as you are still responsible for the flat. If they do anything illegal in the flat, you will be held responsible.

[zirhk3355 1]

Actually on paper, the tenant is correct; if your read the standard tenancy agreement, the tenant has full control of the unit when you rented it to him/her. The landlord does not have any rights to enter the unit during the tenancy; even if the tenant fails to pay the rent, the landlord can only lock up the unit from outside. For any works to be done within the unit, the landlord must also seek permission from the tenant.

However, in reality, we as landlord would also want to control. I believe the most diplomatic way to solve this issue is to duplicate the keys and give the tenant all the original, telling him/her that you had handed over all the keys already.

[zirhk3355 1]

I believe it is within your rights to hold a set of keys as you are still responsible for the flat. If they do anything illegal in the flat, you will be held responsible.

For illegal activities such as overstayers, gambling, etc - its all given inside the tenancy agreement. The landlord's responsibility is checking the tenants' particulars at the initial stage, and act upon any information that he came across later.

Its not the duty of the landlord to check on the unit everyday, much less to enter the unit to check. As mentioned above, the tenant has full control of the unit as long as the tenancy agreement is in order; the landlord would be liable for any loss/damages to the tenants' belongings if the former made an illegal entry.

On the legal side, the authorities is only concerned as to whether the landlord had performed due diligence to check the tenants and is NOT aware of any activities. Eg a neighbour complained to the authorities that he had already told the landlord about some suspicious activities but the landlord did not do anything, then the landlord will get into trouble.

[keltong 4]

For illegal activities such as overstayers, gambling, etc - its all given inside the tenancy agreement. The landlord's responsibility is checking the tenants' particulars at the initial stage, and act upon any information that he came across later.

Its not the duty of the landlord to check on the unit everyday, much less to enter the unit to check. As mentioned above, the tenant has full control of the unit as long as the tenancy agreement is in order; the landlord would be liable for any loss/damages to the tenants' belongings if the former made an illegal entry.

On the legal side, the authorities is only concerned as to whether the landlord had performed due diligence to check the tenants and is NOT aware of any activities. Eg a neighbour complained to the authorities that he had already told the landlord about some suspicious activities but the landlord did not do anything, then the landlord will get into trouble.

I see! I was always under the impression that even if you have rent out the flat and tenancy agreement signed, if they do illegal activities like illegal immigrants, etc...the owner will still be responsible, at least the newspaper seems to report it that way. Guess I need to read up more on it, not that I am renting out my flat though, haha...

[yoongf 11]

I see! I was always under the impression that even if you have rent out the flat and tenancy agreement signed, if they do illegal activities like illegal immigrants, etc...the owner will still be responsible, at least the newspaper seems to report it that way. Guess I need to read up more on it, not that I am renting out my flat though, haha...

By law.. the owner is responsible.. and the burden of proof is on the owner to show that owner did not know. So.. if really kena got problem.. owner cannot claim I dunno who the tenant is. Due diligence.. is not so simple. Need to have evidence to PROVE THAT DUE DILIGENCE WAS DONE. The argument that I "let the agent handle it" dun count. In the court of law.. the phase "ought to know" means a lot more than what ppl normall mean.

[TPY 0]

You are the master of the house. You call the shot. If he is not comfortable and no trust, forget about it.

[zirhk3355 1]

You are right - " I did not know" is not a good defence at all and proof of due diligence is very important.

I always advise some of my friends who are renting out to record what they had done in black and white, so in case anything goes wrong they have proof. Eg when checking on the unit, always go with a friend/relative and note down the date/time.

At the end of the day, renting out properties always entail responsibilities, just that by doing due diligence you can reduce (not eliminate) the risks...

[applefreak 1]

i totally agree with the part of not entering the unit without the tenant's agreement or knowledge

but that has got nothing to do with holding at least one set of keys

ultimately, if the tenant is so worried just buy a lock can liao right?

as for law, unless the owner had rented the unit to the tenant

and the tenant in turn rent out the rooms to sub-tenants who are illegal immigrants

the owner WILL be held responsible for anything and everything happening in the unit

due diligence can mean a lot of things

just checking the particulars of the tenant at point of rental is NOT

cause you've got to ensure that the person staying at the unit IS the same person you rented the unit to