Abba_S
I was in no way suggesting that a landlord would break a door down to show an occupied apartment to a prospective tenant. I was specifically giving an example of the downside risk of changing the lock without permission and not supplying the landlord with a working key.
Yes, landlords are responsible to keep apartment keys secure and may be liable for damages if they do not. The example of the leak I posted in no way suggested a Shabbos repair had to be made at weekend labor rates. I posted a situation where the tenants were away for Pesach, it could have been a 2 week summer vacation…the landlord needs access to make the repairs and is entitled to have a working key…in some places by law, in most according to the lease.
As for your suggested items that must be proved by the landlord: A..no need to prove when the leak started, merely that damage is being done to another unit and the landlord’s key doesn’t fit a lock that the landlord didn’t install. B…if the landlord’s key doesn’t fit the lock, the legal concept of Res ipsa loquitor (the thing speaks for itself) applies. The tenant has access and the landlord is denied, therefore the tenant or his/her agent changed the lock without permission and/or supplying the landlord with a new key. A stranger doesn’t just come around changing a landlord’s lock and giving the tenant a key. C…landlord doesn’t have to prove breaking down the door was the most efficient way, merely expedient. Every minute of delay more damage is being done by the leak. Calling and waiting for a locksmith might effect a less costly repair to the door, but a more costly repair to leak damage. The courts will merely decide if the method used by the landlord was reasonable under the circumstances. Reasonable, doesn’t mean cheapest, most efficient or best.
I’ve been a landlord for more than 36 years (both residential and commercial), sometimes one has to pay overtime for timely repairs. Not all plumbers charge extra on Shabbos, most I’ve used do on Sundays.
It’s not all about money. It is possible for landlords and tenants to have a harmonious relationship.