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Welcome to SDLS!
The "Ask the Locksmith" Blog!: Ruminations, references, misinformation clarified or corrected, thoughts on the nature of locksmithing, what makes a good locksmith "good"... Questions from customers, customer education, how to hire a locksmith from a position of knowledge... Pending legislation, laws, licenses, business law (California Business & Professions Code as pertains to locksmiths)... Criminal or illegal locksmiths, how to ID them, where to find them, what to do about them, etc.
Click here to submit an "Ask The Locksmith" question, and view the Layman's Guide to some common Locksmithing & Security Terms: (Including Tips to increase your Security & save you money!)

Thursday, December 06, 2007

A timely repost - Locked out? What now...?

I thought it time for a repost, with an added addendum - An article that directly applies to why we are as strict as we are. In addition, in this holiday season, with out-of-town visitors having keys to your home, and going out-of-town yourselves, often in a flurry of excitement, it's more important than ever to have proof, at all times, that you belong in your home or business should you get locked out.

An interesting article in The Oregonian today (Thursday, December 06, 2007):
Locksmith tricked in criminal caper

The article above describes, in short, how a locksmith in Oregon took a customers word for it when he called saying he'd been locked out of his business. She let him in, in the middle of the night, without proof, on a vague promise of proof on entry. The "customer" turned out to be a disgruntled former employee who ripped off the business after she let him in, and left her standing in the office, still waiting on the promised proof.

Not sure what Oregon's laws are, but the above story is one of the many reasons why we hold to the law as regards unlocking homes or businesses, and the admittedly strict standards set by ALOA, and the state of California.

Not only did this locksmith allow someone into a business without positive proof as required by ALOA's Technical Standards Policy / Positive ID Policy, but on top of that, she pulled a total Priceline move, and drilled not one, but TWO locks, and destroyed a THIRD to allow entry...! Anyway, that last part is beside the point, just a personal warning to folks to be sure they're using a competent, licensed locksmith, and not a Priceline / Superb Solutions / Dependable Locksmith offshoot (Click on the prior link for further details.).

At the very least, that company could, and probably should, be held liable by the business and local law enforcement for that break-in, which is what it was after all, no proof shown to unlock a business, and could very well be in line to be civilly sued and lose their bonding and/or general liability insurance.

For all our valued customers, time for a repost:

I'm locked out of my house/business, now what?

Time and time again we get calls from understandably desperate folks who've locked themselves out of their homes or businesses, and have no way to prove they actually belong IN that home or business but their own unimpeachable word. No Driver's License/State ID with that specific address on it, no Driver's License/State/Military ID without that address, but with an accompanying utility bill / lease paperwork / mortgage paperwork / car insurance, etc., nothing. Now, we understand that being locked out is quite often a Catch-22 situation, how often after all, do you run out in your skivvies to get the morning paper and carry your Driver's License with you?

However... As harsh and restrictive as it may sound, and I apologize if it does so, by law, and for your own protection, we need to know who we're letting into a house or business, BEFORE we can let them in. What the "BEFORE" means, specifically, is that letting us know you think your Driver's License is inside on the dining room table isn't enough to have us do what is, essentially, breaking and entering, on your word. Neither is a Drivers License, inside OR outside, that doesn't have that particular address on it...

If you're house-sitting or visiting and have locked yourself out: In these situations, unfortunately, there is nothing we can do to help you. There is no proof that you belong in a home that would be acceptable by state or ALOA guidelines. Not a note of permission from the homeowner, not a notarized note, nothing. We are pet owners ourselves, and sympathize wholeheartedly, but even the nightmare of "but the dogs will starve if I can't get in" is not enough to allow us to break and enter you into a home we cannot prove you belong in. Our best advice is to be sure that your trusted neighbors, family, friends, etc., ALL have a copy of your key, and know the house sitter/pet sitter by sight. These folks can let them in for you should they get locked out. An ethical locksmith cannot.

Business lockouts are even more onerous as far as acceptable proof goes. The ONLY acceptable proof that can be accepted is a valid, signed, notarized, lease agreement or mortgage paperwork for the specific property, at that specific address, in the name of the person standing there wanting in, along with a State Issued Picture ID to match. Faxed or Xeroxed copies of lease agreements are NOT acceptable proof.

These restrictions and requirements are for your protection, as well as our own. Your personal property, as well as your personal safety are at stake, and our license, bonding, and ethics are at stake. If we were less lenient, and there are licensed and unlicensed locksmiths both who do NOT abide by the laws, then anyone who simply asked to be let in, could be let into your home or business at any time - Without your say so. It happens all the time with these unlicensed or less stringent locksmiths who are far more concerned with collecting money, than in NOT letting the wrong person into your home. In addition, ALL Positive ID Policy proof must be witnessed in person, recorded on the signed invoice (allowing access to the home by the authorized individual), and maintained for three years against State audit.

It may not help you feel better about us while you're locked out, but it should be reassuring to you, and apparent in a clearer moment why this is for your own protection. Locksmiths on a nearly daily basis run into situations where there is an ex friend/business partner/boyfriend/girlfriend/husband/wife, or even a parent, or a child, wanting into a home or business where they are no longer welcome, to do damage, steal, or worse. You'd be surprised how often common criminals try this as well. Some of us as locksmiths have even had guns pulled on us in the course of letting someone into a home or business, because while someone DOES have the right proof, they are still not allowed in for whatever reason. There are a million domestic situations in the naked city, and we'd prefer that YOU be safe (it is a locksmiths job after all), even if you're angry at us for not letting you in because you cannot prove residency.

As licensed locksmiths, and as ethical, professional locksmiths, we are bound by the laws of the state of California, specifically the Business And Professions Code Section 6980.53-6980.69, as well as the Positive ID Policy bylaws and technical standards of ALOA (Associated Locksmiths of America)

Because of the State of California's requirement for a Positive ID policy, as well as ALOA's requirement for a Positive ID Policy, the following applies, without exception...

FOR HOME/RESIDENTIAL LOCKOUTS WE CANNOT:
  • Take your word for it, no matter how much we want to believe you. Even IF you're standing there in the shrubbery in your skivvies.

  • Take your neighbors word for it, no matter how nice they seem to be.

  • Take your landlords word for it when they're unable to personally (in person) provide a lease agreement (Note to Property managers: Calling us from your cell phone and insisting that "we'll never work in this state again" if we don't just believe you and let someone in isn't an effective threat. If we DO let someone in because a disembodied voice on a cell phone says to do so, we'll never work in this state again. See the dilemma?)

  • Consider the circular/catalog from IKEA in your car with the right address on it to be the "proof needed" that we should let you in.

  • Let you in because you're "house-sitting" and the dogs might starve/the plants might die without water. Even if you have a personal note from the homeowner, and yes, even if it's notarized...

  • Allow you an exemption because you "just moved and haven't changed your Driver's License yet".

  • Allow you an exemption because you have lived there for 4 years and "it's such a pain to go to the DMV to change your Driver's License".

  • Allow you an exemption because you are a student and haven't changed your Driver's License at all.

  • Allow you an exemption because your car "burned down" with your Drivers License in it, or was "stolen" with your Drivers License in it.

  • Take your word for it that everything we need to prove residency is "inside".

  • Accept a "Power of Attorney" in your name/your spouses name/your grandparents name, etc., if you cannot also prove residency.

  • If you are a Real Estate Agent, accept a faxed or Xeroxed home sale contract - An original valid, signed, notarized agreement showing YOU as the agent of note, along with a state issued ID IS acceptable.

  • Accept anything other than a valid State Issued Picture ID with the correct address, or a State Issued Picture ID with the wrong address AND with an accompanying utility bill / lease paperwork / mortgage paperwork / car insurance, etc., mailed to you at the RIGHT address.

  • Accept cash as a bribe, or in lieu of the proper ID/proof.

FOR BUSINESS LOCKOUTS WE CANNOT:
  • Take your word for it, no matter how much we want to believe you.

  • Take your neighboring businesses word for it, no matter how nice they seem to be.

  • Take your landlords word for it when they're unable to personally (in person) provide a lease agreement (Note to Property managers: Calling us from your cell phone and insisting that "we'll never work in this state again" if we don't just believe you and let someone in isn't an effective threat. If we DO let someone in because a disembodied voice on a cell phone says to do so, we'll never work in this state again. See the dilemma?)

  • Consider ANY mail with the right address on it to be the "proof needed" that we should let you in.

  • Allow you an exemption because there's a potential flood, fire, or other catastrophe inside the business.

  • Accept anything other than an original, valid, signed, notarized, lease agreement for the specific property, at the specific address, in the name of the person standing there wanting in, along with their State Issued Picture ID. Faxed or Xeroxed copies of lease agreements are NOT acceptable proof.

  • Accept cash as a bribe, or in lieu of the proper ID/proof.

All of the above are the best reasons in the world for keeping your drivers license address current, and ON your person, at all times...

Cheers!
And Safe, Legal, Secure Happy Holidays!

kim

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