Fees & Keys in Oregon?

Question

Based on my findings, OR law does not allow the charging of any non-refundable fees except for a particular list of random designated fees.  So, if a tenant loses a key it does not appear that I have any recourse.  Any other OR landlords out there have this experience?  What do you do?  I think my only option is to re-key for each new tenant.  Any other ideas?

Dale Earnhardt Jr · Answer

***OUT OF DATE INFO**

I know this thread is ancient and dead, but it was also a page one hit on Google for my search. So if anyone else stumbles through 7 or more years later, I thought it would be worth updating.

Yes, it is legal in Oregon for a landlord charge a tenant a non refundable fee for the replacement of a lost key.

Stated explicitly in the text of ORS 90.302 section 7c-

[This section does not apply to:] Charges for improvements or other actions that are requested by the tenant and are not required of the landlord by the rental agreement or by law, including the cost to replace a key lost by a tenant;

And while I'm not going to take the time to find the archives from 2013, I am relatively confident saying that this is not a change that has been made since then. It's just not something that is listed under its own bold banner.

Additional statutes would also indicate that the price must be reasonable, and in a different "pass the fee on" circumstance it gives 10% above landlord cost as the limit (not saying that applies to keys, but probably meets the definition of "reasonable."

Cheers all

Miranda Crown · Answer

All great info, thanks everyone.  Re-key it is!

Chris K. · Answer

I always rekey also. I have about 4 sets now that I just rotate.

Wouldn't it be a hassle and a half for you too if you got keys that legitimate locksmiths weren't allowed to duplicate??

Miranda Crown · Answer

We are in Bend, semi-accidental landlords.  Thought we might be able to sell our house for a certain price but missed the best window of the season due to a slow finish on a new home construction project.  The rental market, so we've been told/read/heard is very hot, just all about finding the right tenants at this point and figuring out the many details.

Jon Holdman · Answer

@Miranda Crown  thanks for the compliment.  I use the Kwikset locks where you can easily change the key.  I used to change out the entire lockset, but that's too much work and damages the door and frame over time.

Ross Leavitt · Answer

Hi Miranda,

You definitely want to re-key after every tenant. My understanding is that "do not duplicate" keeps 99% of locksmiths from duplicating, but if your tenant turns out to be shady, he probably knows the shady locksmiths. If he comes back and robs or rapes your new tenant because he had a key to their place, YOU are completely liable. Sure, the chances are small, but I just wouldn't want to take that risk.

That said, on all of my units I use locks with removable cores so rekeying is fast and easy. I know these forums aren't supposed to be for advertisements, but if you connect with me I can tell you more if you're interested. Just be sure you rekey each time!

By the way, what part of Oregon are you in? I have rentals in Springfield and Corvallis.

Ross

Miranda Crown · Answer

Btw, Jon, just wanted to thank you for your quick response.  I have researched a lot of threads on BP and I see your frequent posts with lots of great advice!

Miranda Crown · Answer

We were going to make keys that with the version that say "do not copy."  We were under the assumption that no locksmith would ever copy those keys.  That being said, re-keying is probably the best way to go.

Jon Holdman · Answer

I always rekey after every tenant.  Even if they give you all the keys back, how do you know they don't have copies?