Tenant Lost Mail Key, We have a spare, but isn't that a liability?

[Katie Southard]

I will preface by saying that we have tenants who are annoying as all get out. They ask us to step in for everything from a lightbulb to grass seed to whatever. They also bother our HVAC guy to do general handyman tasks when he is there and I am paying him hourly for HVAC services only. Personally when I rented I never wanted my landlord bugging me but they don't care if my husband ("the handyman") is there all the time. When he is there, they always opportunistically find something to bug him about (slow draining drain, changing a filter on the stove).

I have asked tenants repeatedly to email requests and they continue to text them, so I reply with email. Anywhoo, just setting the stage. 

Most recent issue (there are lots): Tenant lost their mail key and wants us to replace it. This is my prior home so I know what happens when you lose the mail key. It is the large community mailbox and you usually have to pay to rekey the whole thing for security issues. Also in the meantime they recommend stopping mail to the mailbox, holding at post office, and manually picking it up (all of which I had to do once when I lost the mail key). It's a pain but the post office has a sytem set up for it.

I told the tenant I couldn't do anything for him until AFTER Memorial Day and after that I would figure out if we had a spare and get back to him, , but I told him to in the meantime, call the post office, hold the mail, and manually pick it up, and keep looking for the key. Luckily its only a mile away and a short drive with no street lights or traffic. Monday (Memorial day) Tenant texts me at 8am asking what the plan is for the mailbox key saying he has a prescription coming and he really needs it. He indicated he would call the post office soon but had not yet. I have not yet answered his text (it's now Tuesday).

My question is...we do have one spare. But, I have read about liability issues with lost keys. Do I really think they will find the mail key and keep it and come back after their tenancy to check the mail? Meh, I am about 75% no, I think they are fairly honest just green tenants, young, and annoying. But in the grand scheme of things, if they WERE bad people and did that, or if someone else found the key and was checking the mail, that could certainly come back to bite me (say future tenants suspect someone is ruffling through their mail only to find prior tenants are coming back because they found the mail key when they moved or had it all along, etc). 

There is nothing in the lease about keys. I thought I hit everything this time, but I regretfully did not.  Do we just make them a key and get it to them? We are super busy, and aren't really in the business of running errands for tenants and then bringing keys to them like their own personal assistants. The whole process will take 2 hours start to finish and I am not even interested in billing them for the time, time is more valuable to me than money, and I just dont want us to have to take the time. We work very busy jobs and though we do our very best to be good landlords, ensure health and safety are always addressed quickly etc...these tenants are just too much. 

I thought maybe we could make the copy next time we are at the hardware store and have the Tenant pick it up, but husband doesn't want them knowing our address and I see the point and I don't either. Husband is more inclined to just do all the favors and avoid conflict which is why he is not the main contact. I have a legal background and am more assertive and the Tenants go through me for requests. I believe that you need to teach people how to treat you and I already made the mistake of texting with them initially and now am paying the price by having to respond to texts via email. But I'd rather handle the issue now before it gets even futher out of hand, if you know what I mean. And I feel the same about the key. Teach them that this IS a big deal and it's not just No-Big-Deal-Let-Me-Do-Whatever-You-Need. 

[Kevin Sobilo]

A couple small suggestions.

1. You don't have to turn into a hard-*** to make tenants accountable. I am OFTEN flexible, but tenants know I'm being flexible. For example, if they have a financial issue they know that communicating proactively and honestly gives them the best chance at getting a late fee waived.

Also, when I am being flexible, they are reminded that I am being flexible. So, that when I need to NOT be flexible they aren't surprised by it.

For example, I use programmable deadbolts for entry. Tenants sometimes break up with a bf/gf and ask them to be reprogrammed with a new PIN. Often times, I will do that for free especially if I'm going to be nearby, but if they do it more than once in a short period, I will charge a fee and they aren't surprised by that either.

So, when you are doing more than is required of you, remind them of that. So, that when you don't give them extra they aren't surprised and don't feel aggrieved by it.

2. You don't need a special lease clause for mailbox keys. Damage is damage. When they lose or break something they are responsible for the cost. I much prefer a lease that doesn't have a bunch of unnecessary special cases spelled out. A well crafted general clause is better in most cases.

I would give them the choice. If they want it rectified now, they can pay for the rekey process OR they can have their mail held and keep looking for the lost key.

[Ned J.]

If these were great, easy going tenants, I would probably get them a new key and move on with my life

But these people would annoy the hell out of me....... and I'm not going to continually enable them to make me there servant for every little issue. If you don't ever set boundaries and say NO, they will continue to escalate the behavior. 

The post office has a specific protocol for this and I would tell them to contact the post office and follow their protocol. Other than that, its not MY problem. If its a PITA and/or cost them $$$... not my problem. I didnt lose the key..... THEY did.... not my problem. 

[Colleen F.]

@Katie Southard  If the key is marked you definitely should use the post office process for replacement.  If not I would do what is convenient for you. If you choose to copy the key you could make a copy and mail it to them, then they have to pick up the held mail to get it. 

As for asking for things when people are there I would put a stop to it. First, tell everyone to just say no, we need requests in writing to keep track of repairs. You could point out to your husband that unless you have a record he isn't going to remember the slow drain request was the last 3 times and now maybe you need a plumber. Consider using the key request as an opportunity with the tenants. Tell the tenants I think we need to talk about communication.  First, we consistently need to get your repair and replace requests in writing.  If you have a request this is how you send it to me. Only these type of requests (water leak and no heat are urgent) and then you should text/call (your preference). Let them know you want to be responsive to important issues but you also expect they will respect your procedures and the time of the people doing repairs.  If it is because they are young they can probably be trained to your expectations. However I have let tenants go for being too high maintenance. 

[Russell Brazil]

I'm kind of dumbfounded here. You have a copy of the key. Make a copy (or 2) and give it to them. I don't understand why anything else would be an option.

[Theresa Harris]

Tell them they are adults and need to start behaving like it (worded more diplomatically).  Unless you talk to them, your actions are going to dictate how they respond-and it sounds like you reply to requests with a yes.  If you have a person going over to do work, meet them at the house and be clear to the tenants that you are going in and they are not to ask the repair person to do anything.

They lost the key, tell them to go through the proper channels (ie post office) and pay for a new one. Do NOT offer to give them your key or you are just enabling their behaviour.  If you want to make a copy, have them meet you at a set location at a time that works for both of you-find a hardware store near where you live (they don't have to know that is close to your home-tell them it is half way between the houses).  Let them know they have to pay the $5 or whatever it is to have the key copied.  $5 is trivial, but it is the point.

[Lynn McGeein]

@Katie Southard For first tenant after we moved who said no way to get to post office during hours, we gave them our keys with signed addendum to the lease that said if they don’t return all of our mailbox keys at lease end, I’m reimbursed for my deposit from their security deposit, and that they are responsible to obtain new keys from post office, themselves, during lease term if lost. Worked well. I don’t think you can make copies of those keys. At least I couldn’t when I tried, but that was 8 years ago.

[Katie Southard]

Quote from @Russell Brazil:

I'm kind of dumbfounded here. You have a copy of the key. Make a copy (or 2) and give it to them. I don't understand why anything else would be an option.

Because someone, somewhere, either has the key or will find the key. And that is a liability for us and for future tenants (and technically for the current tenants). They were entrusted with a key that they lost, and their lack of responsibility is evident. My availability to go make copies of keys is limited and my time is valuable. The tenants do need to understand that I am not at their beck and call for irresponsible behaviors and while I want to be kind, I need to be firm. 

[Katie Southard]

Quote from @Colleen F.:

@Katie Southard  If the key is marked you definitely should use the post office process for replacement.  If not I would do what is convenient for you. If you choose to copy the key you could make a copy and mail it to them, then they have to pick up the held mail to get it. 

As for asking for things when people are there I would put a stop to it. First, tell everyone to just say no, we need requests in writing to keep track of repairs. You could point out to your husband that unless you have a record he isn't going to remember the slow drain request was the last 3 times and now maybe you need a plumber. Consider using the key request as an opportunity with the tenants. Tell the tenants I think we need to talk about communication.  First, we consistently need to get your repair and replace requests in writing.  If you have a request this is how you send it to me. Only these type of requests (water leak and no heat are urgent) and then you should text/call (your preference). Let them know you want to be responsive to important issues but you also expect they will respect your procedures and the time of the people doing repairs.  If it is because they are young they can probably be trained to your expectations. However I have let tenants go for being too high maintenance. 

 Great advice that I have been echoing. They are young. 

[Andrew B.]

Quote from @Russell Brazil:

I'm kind of dumbfounded here. You have a copy of the key. Make a copy (or 2) and give it to them. I don't understand why anything else would be an option.

 I'm in the same boat. Make a few copies at your convenience (extras for next time) and mail it to them. Some landlords act like rental properties should be 100% passive income, when it is a business. Sometimes you will spend time working on your business. That's just how it works. 

[V.G Jason]

Quote from @Katie Southard:

Quote from @Russell Brazil:

I'm kind of dumbfounded here. You have a copy of the key. Make a copy (or 2) and give it to them. I don't understand why anything else would be an option.

Because someone, somewhere, either has the key or will find the key. And that is a liability for us and for future tenants (and technically for the current tenants). They were entrusted with a key that they lost, and their lack of responsibility is evident. My availability to go make copies of keys is limited and my time is valuable. The tenants do need to understand that I am not at their beck and call for irresponsible behaviors and while I want to be kind, I need to be firm. 

 Ok then change the lock, and make more copies and let the tenant know you're billing it to them. 

[Colleen F.]

@Katie Southard   Just a thought many mailboxes aren't locked so the liability aspect if the key is not marked is likely slim to none. 

[Erin Colander]

Hey There!  Sorry to hear for your troubles.  Any mailboxes that have keys are managed by the post office. The resident should be able to bring their lease to the local office and have a duplicate key or new keys made. I also recommend each new resident do the same upon leasing the property, however require the prior renter to provide me with all keys.  Hope that helps!  Erin