Notícias Informativas

Can the landlord keep a copy of my house keys?

Find out what the law says about your doubts and questions related to work, taxation and personal life.
24 Oct 2022 min de leitura
Can my landlord keep a copy of the keys to the house he rented from me? It´s cool?
Dantas Rodrigues (Lawyer): The legislation currently in force on urban leasing does not directly answer this question. However, we can find the answer by comparing the landlord´s obligations with the tenant´s rights when signing a lease.

If the second has the right to enjoy and use the dwelling to the fullest extent for the purpose for which it is intended, the first has the obligation to ensure that the latter enjoys the same for that purpose, under the terms of subparagraph a) of article 1031. º of the Civil Code, not being able to disturb this enjoyment, without neglecting that the lessee is recognized the constitutionally foreseen rights to reserve the intimacy of private and family life and the inviolability of the home, provided for, respectively, in articles 26 and 34. CRP.

Therefore, the landlord must not have a copy of the key to the house he leases and, if he has it, he cannot use it without the tenant´s authorization, even if he intends to carry out urgent repairs to the leased or check its state of conservation, under penalty of of incurring criminal liability and its conduct constitutes sufficient grounds for contractual termination by the lessee.

Source: Ekonomista
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