Does the landlord have the right to ask me to give her the room key when renting a house?

Whether the landlord has the right to ask for her room key when renting a house needs to be determined according to the prior agreement (written contract agreement) between the renter and the landlord. If the lease contract clearly stipulates that the landlord shall not keep the key, then the landlord has no right to ask for the room key; If both parties agree to leave the key, the landlord can ask for the room key.

Speaking of this question, I think of a case I saw before. Miss Sun from Changsha came home from work one day and found the door unscrewed. It is obvious that she was locked when she went out in the morning. I checked it again, and nothing was missing. The light in the kitchen is on. Miss Sun once thought she was a thief, so she called the landlord and asked him to take a pot. ...

Miss Sun was a little unhappy and asked the landlord why she didn't say hello in advance. The landlord said that this was originally her own house, and she could come whenever she wanted, without telling anyone.

To tell the truth, this is really speechless and blatant. Miss Sun feels very insecure.

Many people have different views on whether the landlord has the right to ask for the room key. But from a legal point of view, it is illegal for the landlord to enter the house rented by the tenant without authorization (breaking into the house). This is also based on law. Article 245th of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who illegally searches another person's body or residence or illegally invades another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

There are also many tenants and landlords who believe that it is normal for landlords to ask for spare keys in case of emergency or to avoid some legal problems. However, the premise for the landlord to ask for the room key is that there is a relevant agreement on the use of the spare key in the lease contract, so that there is a legal basis. Specific provisions can be made as follows. I have roughly sorted out a few:

1. If the tenant fails to pay the rent on time and the landlord has been unable to contact the tenant for xx days (the specific time will be decided by himself), the landlord can use the spare key to open the door to check the situation.

2. The landlord and tenant agreed to visit the rented house once every 3-5 months in the presence of the tenant, but the landlord repeatedly urged (more than 3 times) that the tenant refused to perform the contract, and the landlord could enter the room with a spare key.

In case of force majeure, such as fire and earthquake, the landlord can use the spare key to enter the room.

When the tenant forgets to bring the key or loses it, the landlord can use the spare key to open the door according to the tenant's request.

5. After the lease expires, if the tenant fails to move out within a reasonable period after being notified by the landlord, the landlord can use the spare key to open the door and move all the tenant's belongings out of the room. (Property Law stipulates that if the lease expires and the contract is not renewed, the lessee has no right to use the house. If he doesn't leave at this time, it is illegal to occupy the landlord's house, and it is reasonable for the landlord to move things out. In addition, Article 235 of the Contract Law stipulates that when the lease expires, the lessee needs to return the leased property. According to the principle of good faith, the lessee needs to be informed in advance)

It should be noted here that the above agreement is to ensure the legality of the use of the spare key, and the property loss after entering the room cannot be completely avoided. If conditions permit, the landlord needs to invite third-party witnesses, such as neighborhood committees, neighbors or property. There are really no witnesses. After entering the room, he can always record and video, just in case.

There is another situation, because the spare key is in the hands of the landlord, and sometimes you don't know when the landlord uses it. How can I prevent the landlord from abusing the spare key?

In this regard, a landlord gave a more conscientious way of operation: I agreed with the tenant that I would keep a key for backup and give him all the others. Under normal circumstances, I can only enter the rental house when he is here. The spare key is packed in an envelope with his signature at the seal and kept by me to prevent accidents such as water leakage and air leakage.

Let me summarize. Personally, I think:

When renting a house, the landlord has the right to ask for a spare key only after reaching an agreement with the tenant, otherwise he has no right.

The key word for renting a house is rent, which is the right to use the house, not the ownership. If there is no spare key, in case of emergency (such as fire, air leakage, etc. ) or illegal events, if the tenant goes out at this time, how can the landlord's property safety be guaranteed?

Therefore, even if the tenant changes the lock, it is necessary for the landlord to ask the tenant to give a spare key in case of emergency. But the premise is that the lease contract specifies the responsibilities and obligations of both parties, as well as privacy protection. If there are no relevant provisions on spare keys in the lease contract, the landlord has no right to ask for the room key, nor can he break into the tenant's room without authorization during the lease period.

The above contents are for reference only, because this problem is too complicated. Only when you encounter specific problems can you find the most suitable solution. Never apply formulas to solve the problem.

Finally, I want to ask you:

If you were the landlord, would you ask the tenant for the spare key of the room?

If you are a tenant, would you like to give the landlord a spare room key?

Welcome to leave your valuable comments in the comments section.