Hi Ozbargain family,
I am struggling to find the answer to this question for a property in South Australia. We have three tenants living in our house and provided one remote for the driveway gate at the start of the lease. One tenant has visited a locksmith and had another remote cut and sent us the invoice. Should this expense be covered by the tenant or the landlord?
What did the property manager say when you asked them?
We are managing it ourselves!
Are all 3 tenants listed separately on the lease?
Yes.
@Muzeeb: Thanks for your help, most states seem to specify this but the laws in SA seem to be particularly grey.
@DoctorArd: One of the many joys of living in SA.*
*I can't actually think of any others.
This is from 2020 so may have changed.
I guess as long as this remote is now yours that is fine. Claimable expense perhaps too.
how much did it cost?
They pay how much per month?
And you are whining about how much?
Cancelled out your neg
Did they request or discuss first? Seems like an item which would be raised with the property manager/agent/landlord prior to aquiring one on their own.
Seems like an item that should have been provided prior to taking rent dollars from them.
Yep, and if not, requested to see if it was overlooked or missing from move in documents.
Same as if you were missing a key for some lock.
I think the owner should pay, but I also think a tennant should raise a 'hi, we are missing a key/remote' before just rocking over to a locksmith to get one and expecting the owner to just stump up for the bill. What if they already had multiple remotes or keys and was unaware the tennant needed another?
If you could do with a second copy, pay for it (assuming cost is reasonable).
If you don't care or the cost is stupid, tell them to cop it and destroy the copy at the end.
Did they just make it and sent you the invoice without prior notice? That's quite rude, but on the other hand, you should have given all 3 tenants their own key as all 3 of them are on the lease.
While you want a legal answer, I would go through the ethical route and just pay the invoice or reimbursement, the key is yours any ways and I would reply back stating you would pay but once they move out, they are required to give you back 2 x keys, if any keys are missing then you would charge for missing keys plus the fee for changing the locks.
You should have given them 2 remotes to start with and they should have contacted you first before getting another one and expecting you to pay for it.
When they signed the lease was there any discussion on getting extra remotes? If not then did they ask the REA before going to the locksmith and if they did what did the REA agree to?
I suspect the answer to these two questions was no and as such the tenant did not get agreement before and as such I would only pay for 50% and also ensure that they sign something to say that they have to return two remotes at the end of the lease.
What a PITA for the tenants having to share a remote. What if a tenant is gone with the remote and another tenant needs to open the gate ?
Do they each have a front door key or do they have to wait outside for the tenant with the only key ?
PS: OP - you've saved yourself paying a REA - so invest the savings in your property - buy them all a (tax deductible) remote.
Alternatively - disconnect the power/motor to the gate and make them push it to open and close it. May as well make it a real PITA for them.
Deal just posted just for OP https://www.ozbargain.com.au/node/779754
Can't help with SA.
Just know that in Victoria, the landlord is required to provide one set of keys for each tenant on the rental agreement.
Extras can be requested, but at a reasonable cost.