The key of your rental property is, in many ways, the greatest sign of trust between a Landlord and a Tenant. It is a symbol of power and shared agreement. One is trusting the other will not wreck the property. The other is trusting that their privacy and security will be of utmost priority. Yes, Keys and locks are significant topics and the law isn’t silent on how they are to be handled. For the purpose of our discussion, today, I’ll go ahead and assume you’re living in Alberta or British Columbia.
In Alberta a Landlord or Tenant may change the locks at anytime PROVIDED a key is made available to the other party immediately.
The rules in BC seem about the same BUT if the tenant suspects the Landlord illegally entered the suite the Tenant may make a complaint to a Dispute Resolution Officer. If the officer accepts the evidence tendered by the Tenant it is possible for THE TENANT TO CHANGE THE LOCKS AND NOT PROVIDE THE LANDLORD A KEY. I am unsure what recourse the Landlord would have in an emergency situation.
Now, let’s talk about whether you can charge for keys.
In Alberta you can charge a fee for a key, but it is considered part of the fees covered by a damage deposit. Your damage deposit CANNOT exceed one month’s rent. Since you likely already charge the full damage deposit the issue of a key really boils down to any other expense you would consider a damage. (Since you cannot charge a month plus the value of a key.) So, yes, you can with hold the $1.50 to cut a new key when a Tenant loses their copy.
In BC you cannot charge for a key that is the only way the Tenant can access their suite. (Again, you can’t charge rent plus $1.50.) You can, however, charge for a replacement key. You can also charge for additional keys. It is unclear what happens if four tenants move into the same suite, but since they would all need to enter the suite separately it would seem reasonable that they all receive a key for no charge.
Of course these key examples may seem silly until you consider some hotel’s charge $50 for replacement keys. And this is why there are laws in place concerning this topic.
In general, though, I would think it’s probably better to stick with the $1.50 charge and avoid all of the hassle.
Steve Bleile is a writer and real estate expert. He consults for Hope Street Real Estate Corp, a team of customer focused
Calgary Real Estate Managers . The firm provides rental homes to thousands of individuals and families in a variety of sectors ranging from starter homes to executive mansions.
