What Is A "key?"
So, I live in an apartment complex, and this complex has had smart door locks installed for some time. These locks can be opened either with a physical key or by entering the code. Recently, though, my complex installed new keyed Smart locks but did not provide residents with the new keys. The only access to my unit is through this smart-locked door. When I asked if they could provide me with a physical key, they said they couldn't because of their contract with the installers of the smart locks.
So, a few weeks ago they decided to reset all the smart locks in the building. They sent an email out at the same time saying this would be happening, and that the new code could be accessed via an app.
Now... I'm not a legal expert but my leasing agreement says that they will provide me with a key. But is this necessarily a physical key?
Here's what it says:
"KEYS You will be provided apartment key(s), mailbox key(s), FOB(s), and/or other access device(s) for access to the building and amenities at no additional cost at move-in. If the key, FOB, or other access device is lost or becomes damaged during your tenancy or is not returned or is returned damaged when you move out, you will be responsible for the costs for the replacement and/or repair of the same."
This seems to imply a physical key since they're charging a fee to replace it, right?
Later it says:
"LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the prior resident moves out. The rekeying will be done before you move into your apartment. You agree not to install additional or differentlocks or latches on any doors or windows ofthe premises, unless we have consented in writing to such installation. You may at any time ask us to change or rekey locks or latches during the Lease Term. We must comply with those requests, but you must pay for them, unless otherwise provided by law. You agree that any resident may request, either orally or in writing, that we install new or different locks for the premises. You further understand and agree that once we install new or different locks we shall provide keys to the replacement locks to any other residents and/or authorized occupants in the absence of a lawful reason to deny them such keys."
Like, it says several times that they will provide keys, and it seems to imply that they are physical keys. And they refuse to provide me with a physical key to my unit, despite there being a keyhole in my door. Their excuse is that they can't rekey the door lock, but I've never heard of a production door lock that cannot be rekeyed.
I just want my key so they can't randomly decide to change my door code. Is there anything I can do, or does having access to my door via an app on my phone count as them giving me a "key?"
I know this was a long one. Any help would be greatly appreciated.
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