There are limited circumstances permitting a landlord to change the locks on a California tenant.  This is because a lock change interferes with a tenant’s right to lawful possession of the rented premises under the terms of the lease or rental contract. Competing considerations are at play, namely, the tenants right to possession, and the landlord’s rights arising from ownership of the subject property.

Civil Code Section 789.3’s Lock Change Prohibition

The starting point for the analysis is Civil Code section 789.3 (b).  It provides in relevant part that a landlord “shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully … (1) prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device….” 

Thus, according to California Civil Code Section 789.3, a landlord cannot obstruct access to a renter while he is still in residence. A landlord who violates this mandate will be subject to liability for the tenant’s actual damages resulting from lockout.  In addition, the statute specifies fines and other penalties that may be imposed on a landlord who restricts access to a rental unit by changing the locks or otherwise.  Under Section 789(c), an offending landlord must pay (1) the tenant’s actual damages, and (2) a fine of $100 per day of the violation, with a minimum amount of $250. Section 789(d) is also powerful because it states that a tenant who sues for violations of section 789 and wins is entitled to attorney’s fees and costs as well.

Is it Ever Okay to Change the Locks?

The easiest scenario where it’s OK for landlords to change locks is after going through the eviction process.  The mere fact that the lease has expired does not provide grounds for the landlord to change the locks, unless and until the eviction process has been completed. 

Another scenario arguably permitting a lock change is where you have a reasonable belief that the tenant has abandoned the property.  If you discover your tenant has left without notifying you and taken their keys with them, you should consider changing the locks for safety reasons. The underlying support for this course of action is found in section 789’s requirement that the lock change must be carried out with “an intention to terminate the occupancy”.  The element of intent is missing when the landlord has changed the locks based on a good faith belief that the tenant has abandoned the property.  However, a landlord should pursue this course of action only after providing notice to the tenant and giving him or her an opportunity to respond. 

It is also acceptable to include a clause in your lease or rental agreement regarding lock changes.   However, even without a reasonable lock change clause in the lease agreement, landlords have the right to have a key to access the rental property and tenants cannot prohibit them from entering.

Other Considerations

Even if your tenants return the original set of keys, you can’t be certain they didn’t make copies. To be safe, and ensure they no longer have access to the property, you should change the locks whenever the tenancy has ended and the tenant has moved out. 

In some instances, landlords are required to changed the locks (and give the tenant a new key).  This tenant right arises when the tenant is the victim of domestic abuse or sexual harassment.  (See Civil Code section 1941.5.  Under those circumstances the tenant can request lock changes at any time during their lease.

In short, a landlord cannot change locks or otherwise obstruct access to a renter while he is still in residence. No matter how egregious the tenant’s behavior, if the landlord keeps the renter from entering the unit while he’s bound to his lease, he or she faces possible consequences of liability for the tenant’s actual damages a hefty fine, and potential responsibility for the tenant’s attorneys’ fees and costs in any lawsuit related to the improper changing of the locks.

Please contact Lynx Legal with any questions regarding the above, or any issues relating to a contemplated eviction of your tenant.  We can be reached at 925-663-8661 or [email protected].  You can also schedule a free telephone consultation with one of our representatives on our website.  Our experienced professionals are standing by to assist in any way we can.