Can the landlord keep the spare keys to my rented flat?

You are fully satisfied with your rental flat. Well, almost. Because your landlord seems to continue to consider that he will always be at home, despite the rental agreement between you. A good reason to question his right to keep spare keys.

Emergency keys: what does the law say?

When a lessor signs a lease, he or she retains ownership of the property but transfers the use of it in return for rent. Thus, only the tenant can dispose of the property during the whole period of validity of the lease. Therefore, the landlord is not allowed to keep a copy of the keys, even if he calls them “emergency keys”. Nor may he provide a set of keys to a caretaker.

What does a landlord risk if he keeps spare keys to a rented flat?

Keeping spare keys cannot be punished if they are not used. However, it is an offence to enter the tenant’s home without his consent. This is an infringement of the home, even if the tenant owns the property. The tenant who suffers this damage must file a complaint within three months of becoming aware of the offender. A landlord who violates the home of his tenant is liable to up to three years in prison.

I think my landlord has kept spare keys, what to do?

You have several options if you suspect your landlord of keeping a spare set of keys or even entering your flat in your absence. You are entitled to replace the lock or add an extra lock that you know only you will have the key to. You can also agree to the landlord keeping keys, but an oral agreement is not enough: the conditions must be specified from the outset in the tenancy agreement or in an amendment to the lease. If your landlord is your neighbour, he or she can, for example, come and water your plants while you are away. And if the proximity becomes too much, you can look for a new flat to rent by terminating your lease early. You will then have to find a replacement tenant. SherlockHomes is your best ally for posting your ad, organising visits, collecting applications, and then consulting the available properties.

This article is not exhaustive and does not engage the responsibility of its author.