The Landlord’s Duty
Some thoughts about your duty when the Tenant makes a Security Device Request…
A landlord must comply with tenant requests within a reasonable time. Different time periods are presumed reasonable in particular cases. First, a landlord’s compliance with a tenant’s request for rekeying, changing, installing, repairing, or replacing a security device is presumed reasonable if it occurs no later than the seventh day after the date the request is received by the landlord. Second, when the landlord is entitled to payment in advance, the landlord’s compliance with a tenant’s request is presumed reasonable if it occurs no later than the seventh day after the payment is made.
The presumption that the time period is a reasonable one may be rebutted by the landlord. The rebuttal may be made by showing that, despite the landlord’s diligence, (1) the landlord did not know of the tenant’s request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or (3) a delay was caused by circumstances beyond the landlord’s control, including the illness or death of the landlord or a member of the landlord’s immediate family.
In certain urgent circumstances a speedy response is required, notwithstanding other statutory provisions. A landlord must comply with the request no later than 72 hours after the time of receipt of the tenant’s request and any required advance payment if, at the time of the request, the tenant informs the landlord of the following:
- An unauthorized entry occurred or was attempted in the tenant’s dwelling.
- An unauthorized entry occurred or was attempted in another unit in the tenant’s multiunit complex during the two months preceding the date of the request
- A crime of personal violence occurred in the multiunit complex during the two months preceding the date of the request.
These rules do not apply to a landlord’s duty to install or rekey, without necessity of a tenant’s request, a security device.
- Required Security
- Tenant’s Requests
- The Landlord’s Duty
- Selecting the Devices
- Charging the Tenant
- Sued by the Tenant
- Landlord Defenses
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