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| Security chain |
| Posted by: John Svenson |
| Date: August 17, 2006 07:40:07 AM |
| My mother has a lightweight security chain on the entry door of her apartment (here in Ohio). The landord says it must be removed. The lease states that security bolts may not be allowed on the door, but it doesn't address a lightweight chain.
He says it is a safety issue, but this type of chain can be broken by throwing a good shoulder into the door.
If she is forced to remove the chain, she will do what the manager has told me some other residents have done, and that is move furniture against the door. This, in my opinion, is a much more dangerous situation for forced entry than a simple security chain.
I've checked Ohio Tenant Rights on the web, but I can't find out if the landlord can legally deny the tenant installing this chain. Does anyone know if they have the right to do that?
Thanks in advance! |
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| Re: Security chain |
| Posted by: Ralph |
| Date: August 17, 2006 09:44:05 AM |
| By common definitions that I’m familiar with, security chain or an externally mounted security bolt would likely be considered the same thing and would likely both be considered forbidden by a lease clause forbidding security bolts.
If the landlord forbids any lock other than the common “lockset” which usually means the lock in contained within the doorknob, he is incredibly stupid. The best security is provided by a “deadbolt” that has a sufficiently long bolt and interfaces with heavy duty “latch plate” that is secured by screws long enough to go significantly far into the stud behind door frame.
Some states require by law an adequate deadbolt on every external ground floor door on which such a lock can be installed with similar security on ground floor sliding patio doors and windows. You should certainly check to see if Ohio has anything to say on the subject in current statutes and/or if any level of local government has an ordinance regarding the issue. You could also ask questions of any local rental housing agency, tenant organization, and/or property management company.
Typical security chains and externally mounted security bolts are essentially worthless as you note. Again, any landlord with an ounce of sense would be providing properly installed deadbolts keyed to match the doorknob lock and would have all locks re-keyed with each change of tenants. This provides the landlord with significant protection against liability for theft or injury occurring due to inadequate security. Similarly, although not quite as important an installed peephole provides additional security.
I suggest that your mother serve written notice to the landlord (with proof of delivery) that she is concerned about her safety and requesting that good deadbolts be installed on her external door(s). This puts the landlord on notice and his failure to provide adequate security would greatly increase his liability. If there is any state or local law regarding the issue, it should be quoted. She should consider pushing the matter as far as possible. As for every issue between tenants and landlords everything should always be in writing. Phone calls are of little value in the event of disputes or failure of either party to act in accordance with the law and the lease agreement.
In spite of what your mother should have, keep in mind that disputes with landlords can result in early termination, refusal to renew, rent increase, and other problems and this should be taken into account in how hard to pursue the matter.
If I were a tenant, I would probably consider having deadbolts installed important enough to pay for them myself if necessary.
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| Re: Security chain |
| Posted by: John Svenson |
| Date: August 17, 2006 10:31:52 AM |
| Thank you for the reply Ralph.
The "security" chain is, admittedly, somewhat akin to Dumbo's feather. It provides no real security, but it gives her a comfort that there is some kind of secondary protection, even if it would give only a minute or two if someone was trying to force their way in. There are neighbors on all sides, and a scream would never go unnoticed.
My concern is that she will use either furniture or a doorknob brace she has from her previous home. Either of these options will make an emergency entrance extremely difficult. She is on the third floor, so simply breaking through a window do render assistance would be very difficult.
There are a number of tenants who would like to have the option of the door chain, but are too timid to install it even though the lease does not expressly forbid it.
BTW, this all came about because an overzealous maintainance man unlocked her door even though she denied permission for him to come in. He wanted to check her sink because the unit directly below had a plugged drain. If she would have run her sink faucet, the water would have come up the lower unit's drain. He claimed this was an emergency and therefore the 24 hr notification did not apply.
In reality, all he had to do was to tell her not to use the kitchen sink until the drain was cleared. It was not necessary to enter the apartment to give her this information. He's not used to tenants standing up to him, and he unlocked her door and tried to come in because he said it was his "right" to under the lease. The only thing that kept him out was the door chain, which he thankfully was reluctant to break. He did report the chain to the manager however.
My assertion to the manager was that he tried to let himself in despite her protests, and that constituted tresspass. He feels that trying to avert an emergency is the same thing as an actual emergency. My point was that a verbal request to not use the sink was all that was necessary to avert an emergency, therefore entry into the apartment was not needed. |
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| Re: Security chain |
| Posted by: Ralph |
| Date: August 17, 2006 01:08:08 PM |
| I pretty much agree with your thoughts on the maintenance man's entry, but I think that you give maintenance men too much credit for intelligence and abiltiy for logical thinking. Accordingly, I doubt that there is much value in pursuing the trespass issue very far. It is true that management or maintenance personnel would usually have no legal right to enter when told not to do so by the tenant. However, the tenant could then become liable for damages resulting from refusal of entry when there is a true emergency. |
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