Is it legal for a landlord to keep a set of keys, and should a landlord keep a set of keys?

If there is an agreement between them, it shall be in accordance with the agreement, and if there is no agreement, the tenant has a separate right to use the premises, and therefore the tenant has the right to stipulate that the landlord shall not enter or use the tenant's premises at will without the permission of the tenant.

Legal analysis

If the landlord wants the tenant to leave a spare key, then discuss with the tenant in advance, and promise the tenant that he will not enter the rental house at will, if he needs to enter the rental house, then he must communicate with the tenant in advance, and only after obtaining the consent of the tenant can he open the door and enter the rental house. When renting a home, most tenants don't want the landlord to keep the key, but it's common for the landlord to have a spare key. In the absence of an agreement between the two parties and the landlord holds the key, the lessor holding the key may bear the risk of loss of the tenant's property if there is no evidence that a third party has entered the house and something is lost.

According to the relevant legal provisions, the tenant has obtained the right to occupy and use the property after the lease contract has come into effect, and if the tenant's room is entered without permission or evidence, this has in fact violated the tenant's right to privacy.

Legal basis

Civil Code of the People's Republic of China

Article 687:Where the parties agree in the guarantee contract that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, it is a general guarantee. The guarantor of a general guarantee has the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law, except in any of the following circumstances: (1) the debtor's whereabouts are unknown and there is no property available for enforcement; (2) the people's court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or loses the ability to perform debts; (4) The guarantor waives the rights provided for in this paragraph in writing.

Article 688:Where the parties stipulate in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint and several liability guarantee. In the event that the debtor of the joint and several liability guarantee fails to perform the debts due or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debts, and may also request the guarantor to assume the guarantee liability within the scope of the guarantee.

In the case of a lease, the method of storing the keys should be confirmed in the lease contract, and if the landlord violates the lease contract and keeps the keys without permission, it should be a violation of the Contract Law.

If the landlord has an intimate relationship with you, you and I can leave a key to the landlord, so it is also very convenient, if the tenant does not leave the key, it is also legal, and the landlord of the renter has no right to keep the key.

The landlord wants to keep a key, which is very incorrect, because the landlord has already rented the house to the tenant, why should he keep a key, can the room of the house be entered casually? Then there will be no life security, and there will be no property security.

Personally, I feel that it is not legal, although the main body of the house belongs to the landlord, but I rented it and it is currently mine, and the landlord has no right to come in at any time.

Whether or not to leave spare keys The rental contract must be indicated.

When renting a home, most tenants don't want the landlord to keep the key, but it's common for the landlord to have a spare key. In the absence of an agreement between the two parties and the landlord holds the key, the lessor holding the key may have to bear the risk of losing the tenant's property if there is no evidence to prove that a third party enters the house and something is lost. According to the provisions of the Contract Law, after the lease contract comes into effect, the tenant has obtained the right to occupy and use the property, and if he enters the tenant's room without permission or evidence, this has actually violated the tenant's right to privacy.

Therefore, if the lessor wants to enter the room, he needs to contact the tenant in advance.

While there is no clear law that prevents landlords from keeping keys, landlords cannot enter a rental property without the tenant's permission.

Unless the parties agree at the time of signing the tenancy agreement that the tenant allows the tenant to keep the keys, the tenant may be liable for the risk of losing the tenant's belongings. As a tenant who has the right to supervise and inspect the house, if the tenant suspects that the tenant is engaged in illegal and criminal activities in the rented room, he should also exercise his right to supervise and inspect by reporting to the public security department or seeking help.

Entering a tenant's room without permission or evidence is a de facto violation of the privacy rights of others. Therefore, it is best for the landlord and tenant to negotiate whether the landlord can keep the key to the rental house before signing the rental contract, and reflect the negotiation results in the rental contract to avoid unnecessary disputes and disputes in the future.

Be careful when renting.

First of all, you need to know how to find a house. Generally speaking, there are several ways to find a house.

1) Inquire through acquaintances, such as fellow villagers, relatives, colleagues, and friends, which saves time and effort, and is also more reliable.

2) Look for it by looking at rental ads, as some homeowners will rent out their homes by posting ads.

3) Go to the neighborhood committee of the urban housing community to find out if there is a house for rent in the community they manage, and some homeowners will also entrust the neighborhood committee to find renters.

After finding a house, it's time to find out if it's the right fit for your needs

1) To know if the lessor is the real owner of the house, you can ask him to show the title deed of the house.

2) Check whether the house is built illegally, such as a house that occupies a public road, etc., if you rent these houses, if you encounter an inspection, they may be demolished immediately, and you will have to find a new place to live.

3) Check whether the house is safe, including whether the structure of the house is safe, whether it is too low, whether there are ventilation windows, etc., to ensure the safety of living.

If you are optimistic about the house, you must negotiate the price with the landlord, do not rely on a simple verbal agreement, but sign a written housing lease contract. In this way, if any dispute arises, you can rely on the contract to seek protection and mediation from the relevant authorities.

1. The normal landlord of the house will not leave a spare key, otherwise it will be unclear if you lose something.

2. The landlord will give you all the keys, and even then the tenant will have to reconfigure the new keys to ensure the safety of his property.

3. If you rent a house, you must sign a rental agreement to stipulate the rights and obligations of both parties.

Because I am afraid that the tenant's key will be lost or disappear by itself. In the absence of an agreement between the two parties and the landlord holds the key, the lessor holding the key may bear the risk of loss of the tenant's property if there is no evidence that a third party has entered the house and something is lost.

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, signed by the tenant at the seal, and kept by the landlord to prevent water leakage, air leakage and other accidents.

Legal Analysis: This is not legal, the ownership of the house belongs to the landlord during the lease period, but the right to use it belongs to the tenant. In other words, during the lease period, under the premise that there is no illegal and damaging the premise, all the use, including who is allowed to enter and exit, must be approved by the tenant, and it is illegal for the landlord to keep (assign) a key by himself, which will be very safe.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 19 The parties to the housing lease shall enjoy the rights and bear the corresponding obligations in accordance with the provisions of the lease contract.

Article 23 The tenant shall take care of and reasonably facilitate the use of the rented premises and ancillary facilities, and shall not dismantle or alter them without authorization. Construct or add. If it is necessary to make changes, the consent of the lessor must be obtained and a written contract must be concluded.

Legal analysis: After the house is rented out, the landlord can keep a copy of the key in his hand. 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.

Whether or not to keep the keys for the tenant is generally based on the prior agreement between the tenant and the landlord, and if there is a clear agreement in the rental contract that the landlord is not allowed to keep the keys, then the landlord cannot keep the keys. If both parties agree that they can keep the key, the landlord can keep the key.

Legal basis: Article 703 of the Civil Code of the People's Republic of China 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. Article 704 The contents of the lease contract include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.