Must a landlord pay key replacement costs, or can a rental agreement require that the costs come out of the security deposit.

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I own a condo in a high-rise that I use as a rental property. I don't even know whether I'm required to change the locks when a tenant moves out & usually don't, but I had one bad tenant who I just didn't want even being able to sneak back in. Moving forward, can I add it to the lease that the cost of key replacement comes out of the tenant's security deposit after the tenant has moved out? I know that California law has particular rules governing security deposits, but is my idea OK so as long as the term that the tenant's payment for key replacement is in the lease and I include it along with any other itemized repair or replacement cost when the tenant moves out? I prefer to pay for it after the tenant moves out & deduct it from his deposit, so he couldn't make a copy of the new key

Attorney Answer

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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
“[C]an I add it to the lease that the cost of key replacement comes out of the tenant's security deposit after the tenant has moved out?” No. CA does not allow non-refundable deposits of any kind. So long as the tenant returns the key, you cannot charge the tenant for a "key replacement.” If the key is not returned, you could deduct from the security deposit the cost of a new key -- a few dollars at most.
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