You rent space in a building. It’s very valuable. Who’s in that space and what they do there may mean the difference between a positive relationship and cash flow or a difficult relationship and losing money. You need to protect that space and your ability to make a living. If the situation goes sour for you, you may be tempted to change the locks and force the person out. As good as that may feel, it’s not a good idea.
Locks, Keys, and What Happens Before the Tenancy
California law requires that you provide a safe environment for a tenant and states explicitly you must use a deadbolt. You and your tenant may rekey or replace the locks during your relationship, but it should be done in a legally acceptable way. Your lease agreement should state how replacing and rekeying locks would work.
There is no legal requirement that you rekey a unit after a tenant leaves, but it’s common sense. They may have kept copies and want to reenter to steal the next tenant’s belongings, harass them, or do them harm. If this happens, you may be a defendant in the new tenant’s personal injury lawsuit, claiming your negligence and failure to keep the property reasonably safe caused them harm. You have enough going on. You don’t need that sort of thing keeping you busy.
You can wait until prepaid rent is collected and the security deposit is paid before turning over the keys to a new tenant. If the tenant loses them, you should replace them and charge the tenant or use the security deposit to reimburse you. This process should also be included in your lease agreement.
What You Should and Shouldn’t Do During the Tenancy
You chose the wrong tenant, and things aren’t going well. They’re not complying with the lease, causing trouble with other tenants, and may be destructive. Rent payments may be late, not the total amount, or nonexistent. Taking the matter into your own hands by removing their belongings and changing the locks may not end your problems. It may add to them and make the situation worse.
Under California Civil Code Section 789.3:
- A landlord cannot obstruct tenant access while they’re still in residence
- If you do so, and you’re successfully sued for wrongful eviction, you may be ordered to pay a $100 per day fine during the violation, in addition to paying the attorneys’ fees and costs for the tenant and yourself, their moving expenses, and compensation for emotional distress
As time-consuming as it may be, your best option is to start the eviction or unlawful detainer process. Given the potential penalties, state law encourages landlords to take this route. We have handled hundreds of these situations for landlords and can help you, too. We will make the process as quick and painless as possible.
State Law May Require a Tenant’s Lock to Be Changed
A situation may arise when the tenant wants the locks to be changed. Under California Civil Code Sections 1941.5 and 1941.6:
- If your tenant has a court order requiring someone to stay away from them (a restraining order) or in a police report naming someone else in a domestic violence or stalking situation
- Gives you a written request for a lock change and a copy of the order or report
- You must change the locks and provide them a key within 24 hours of the request
- If you fail to do so, the tenant can do it themselves, notify you of the new lock, and provide you with a key. This is allowed under state statute even if it’s prohibited in your lease
The two statutes cited cover situations where the alleged attacker is and is not a fellow tenant.
We’re Here to Help
If you’re a residential landlord and have questions about lock changes, evictions, or domestic violence involving a tenant, or you’ll need representation in related litigation, call the team at AWB Law, P.C. at (949) 244-4207 or complete our online contact form today.
