Does the landlord have the right to ask the tenant for a key?

The landlord has the right to occupy, use, benefit from and dispose of the leased premises. After the lease, the tenant has the right to use and benefit from the house. There is no clear legal provision on whether the key can be kept, so the tenant cannot force the landlord to hand over the key, but the two parties can negotiate and write it into the contract.

It makes perfect sense for the landlord to keep a key in case of emergency, but they can't come and go without the tenant's permission, and in such cases, the tenant can keep the evidence and go to the court or call the police directly. If the tenant wants to settle the matter peacefully, they can change the locks quickly after renting the house and change the original locks back after the lease expires. The relevant laws and regulations are as follows:

General Principles of the Civil Law of the People's Republic of China

Article 71.

Property ownership refers to the right of the owner to possess, use, benefit from and dispose of his property in accordance with the law.

Article 212 of the Contract Law.

A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

The landlord is not entitled to ask the tenant for a key if there is no such requirement in the contract. If it is written in the contract and the tenant has signed the contract, he has the right.

Article 222 of the Lease Law The lessee shall properly keep the leased property, and the leased property shall be damaged or lost due to improper storage. Therefore, it is the responsibility of the renter to keep the keys.

Article 245 The lessor shall guarantee the lessee's possession and use of the leased property.

I haven't heard of such a hard and fast rule. This should be negotiable, but it seems that the convention is that my friend's landlord has the key. You can ask the police station directly!

As for the key, I think you can give it to the landlord, but it should be made clear in the rental agreement that the key can only be spared, and the landlord cannot enter your room without your permission or without greeting you afterwards, so as to spy on your privacy, etc., what you are concerned about, you can agree; And that key can no longer be copied to someone else, otherwise he will be responsible for all the losses caused to you.

If you don't give it, it's perfectly fine if you don't want to sign a contract.

Any agreement is between the two parties, and he can't force you.

Landlords should not have tenants' keys, and the state has no such rules. During the lease period, as long as the tenant pays the house on time, the house belongs to the tenant's private space, and no one is allowed to enter it without the tenant's permission as long as they do not engage in illegal things in it.

It is recommended that you do not give it to him. He said that the police station had regulations again, and asked him to take out the regulations and take a look. You ask him, if you give him the key, who is responsible for losing something?

The landlord does not have the right to require the tenant to provide a key, the landlord has signed a rental contract with the tenant, and the right to use the house during this period belongs to the tenant, and the landlord has to obtain the tenant's consent to enter and exit the house at will, unless the house encounters force majeure and other accidents;

Regarding the landlord's advice, if you are not willing to provide it, you ask to sign with the landlord, and if everything happens to the property, the tenant is fully responsible, first of all, even if the tenant signs it, it is not very meaningful. If the abnormal use of the house causes losses, the tenant will naturally be fully responsible, but if it causes losses to the tenants upstairs and downstairs, the landlord will be responsible, and the landlord will continue to hold the tenant accountable;

Regarding whether to keep the key, I personally suggest that you can negotiate with the landlord to see how to solve the problem, some tenants will not leave a spare key for the landlord after changing the lock, and some landlords will not ask for it.

No, and the landlord should have insurance for the house!

According to the lease contract of the Economic Law, there is only a tenancy relationship between you and the landlord, and it is an invasion of privacy for him to ask for the keys, and it is resolutely resisted!

But I suggest you negotiate and write a contract supplement!

Such a provision is possessed??? Just kidding!

You can give him a handful! Day 2 says lost items! Let him figure it out for himself.

In the case that there is no agreement between the two parties and the landlord holds the key, in the absence of evidence to prove that a third party enters the house and something is lost, the lessor who holds the key may have to bear the risk of loss of the tenant's property.

If the landlord needs to keep the key, the tenant needs to change the original lock, etc., it must be stipulated in the contract, and if the contract does not stipulate, the oral agreement alone is not legally binding if the other party does not approve it. Under normal circumstances, the landlord can only enter the rented house when the tenant is there, and the spare key is sealed in an envelope, and the tenant signs the name of the tenant at the seal, which is kept by the landlord to prevent the leakage of this water, air leakage and other accidents.

It is possible to negotiate with the landlord. If the landlord wants the tenant to ask the tenant to leave a spare key, then the tenant should discuss with the tenant in advance and promise the tenant that he will not enter and leave the rental house at will.

Legal analysis: Whether the landlord can keep the key to the rental house is subject to the prior agreement between the two parties.

1. When renting a house, it is best for the landlord and the tenant to reach a consensus in advance on whether to leave the key and know each other to avoid conflicts and troubles in the future. Whether or not to leave a spare key must be indicated in the rental contract.

2. In case of lost property, the police should be called first, and the first should be dealt with. The landlord should inform the tenant in advance of the key in case of emergency, but the landlord should not enter the rental house at will, and should tell the tenant before opening the door, knock on the door when arriving, and then open the door to deal with things when there is no one inside.

3. Emergency refers to the failure of water and electricity, the arrival of heavy rain, the landlord takes the items originally stored in the storage room, etc., and the tenant loses the key. At the same time, the landlord has the right to inspect the rental from time to time to see if there are any violations, such as violating the content of the contract, engaging in illegal activities such as counterfeiting dens, gambling dens, etc., and it is best for the landlord to arrange a visit when the tenant is at home. Both parties should be trustworthy, and it is necessary for the landlord to keep the keys.

Legal basis: Civil Code of the People's Republic of China

Article 471:When a party concludes a contract, it may take the form of an offer, acceptance or other means.

Article 472:An offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following conditions:

1) The content is specifically determined;

2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.

Legal Analysis: In general, many landlords will leave a key, which is not a big deal, but they have the right to ask the landlord not to enter or use the property without consent. When signing the contract, the spare key is sealed with an envelope, and the tenant takes a photo of the front and back of the envelope after signing on both sides.

The landlord will pack the envelope carefully to avoid damaging it. Before opening the key in an emergency, at least 2 or more residents or neighborhood committee members should be present, notify the tenant and send a message, take a photo of the front and back of the envelope, and then open the seal to take the key for use.

Legal basis: Article 245 of the Criminal Law of the People's Republic of China: Whoever illegally searches another person's body or residence, or illegally trespasses into another person's home, is to be sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Legal basis: Civil Code of the People's Republic of China

Article 366:Persons with the right of residence have the right to occupy and use the residences of others in accordance with the provisions of the contract, so as to meet the needs of living and living.

Article 708: The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease term.

Article 709: The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased item or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used in accordance with the nature of the leased item.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

Legal analysis: In China's laws and regulations, although there is no explicit provision on whether it is legal for the landlord to keep the key. However, the lessee and the lessor may negotiate with each other to sign a contract to restrain the other party from complying with the promise and not violating the agreement.

For example, without revealing the tenant's privacy, the landlord can keep the house key in case of emergency. If the lessor divulges the tenant's privacy, or uses the key to do something other than agreed, the lessee has the right to claim damages from the lessor.

Legal basis: Contract Law of the People's Republic of China

Article 60: Legal persons independently bear civil liability with all of their assets.

Article 61: In accordance with the provisions of the law or the legal person's charter, the responsible person for engaging in civil activities on behalf of the legal person is the legal representative's legally-designated representative. The legal consequences of civil activities carried out by the legal representative in the name of the legal person shall be borne by the legal person. The legal person's charter or the legal person's authority body's restrictions on the legal representative's right to represent must not be opposed to the bona fide counterpart.