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Is our landlord responsible for paying for the lock change?

Our apt was broken into somehow. Nothing broken. Detectives felt they had to have had a key. Nothing picked according to them. I notified our landlord. She called a locksmith. Asked for the keys to be re-locked. Locksmith said they could not be re-keyed so he replaced everything. The bill was $515. My landlord is complaining that i should have called her prior to discuss options but according to her locksmith, there were no other options. Is she responsible or are we?

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Attorney answers (1)

Reputation Level 14
Under MA law, lanlord had to the right to charge you (before you moved in) as a pre-payment under MA General Law c. 186, sec 15B the following:
* the first month's rent
* the last month's rent
* one month's security deposit
* purchase and installation cost for a lock and key

Did he charge you for a new lock and key and then never change them out (before you moved in)? He would be responsible.
Is it possible that one of your keys was duplicated? If, so, you may be responsible.

You can try subtracting the amount of the bill from your rent and explain in writing why you did so. He may sue you but it would be up to a judge to decide if your calling the locksmith on your own was reasonable.

Kara O'Donnell, Esq.
O'DONNELL LAW OFFICES 857-526-1355
Quincy, MA
www.QuincyLegal.com

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