Landlord and tenant lock changes in California

General information about California law, for tenants and landlords in San Diego County. This is not legal advice. If something here matters to your case, speak to a lawyer, a legal aid organisation or a tenant-landlord assistance service.

What the landlord has to provide

Civil Code section 1941.3 is the main provision. On and after 1 July 1998 it requires the landlord of a building intended for human habitation to:

• Install and maintain an operable dead bolt lock on each main swinging entry door of a dwelling unit. When locked, the bolt must extend at least 13/16 of an inch beyond the strike edge of the door and into the doorjamb. The requirement does not apply to horizontal sliding doors.
• Install and maintain operable window security or locking devices for windows that are designed to be opened. Louvered windows, casement windows, and windows more than 12 feet vertically or six feet horizontally from the ground, a roof or any other platform are excluded.
• Install locking mechanisms complying with applicable fire and building codes on the exterior doors that give access to common areas in multifamily developments.

Note what this is not: a requirement that the locks be new, high security, or rekeyed for you. It is a baseline.

The tenant's duty to report

Section 1941.3(b) puts a specific responsibility on the tenant: to notify the owner or their authorised agent when the tenant becomes aware of an inoperable dead bolt lock or window security or locking device. The landlord is not liable for a violation unless they fail to correct it within a reasonable time after they have actual notice, or receive notice, of the deficiency.

Report it in writing and keep a copy. A dated text or email is writing; a conversation in a corridor is not evidence.

Can a tenant change the locks?

For most tenants this is governed by the lease rather than by statute. Many California leases require the owner's consent and require that the owner be given a key. Check the lease, ask in writing, keep the reply, and check whether your city has its own ordinance. There are two statutory exceptions, below.

Survivors of abuse and violence: 24 hours

California gives specific, fast rights to tenants in these situations.

Civil Code section 1941.6 — where there is a court order

Where a protected tenant gives the landlord a written request together with a copy of a qualifying court order excluding another tenant from the dwelling unit, issued within the preceding 180 days under the statutes the section lists, the landlord must change the locks of the unit at the landlord's own expense, no later than 24 hours after the request.

Civil Code section 1941.5 — documentation without a court order

An eligible tenant — a victim of abuse or violence, or a tenant whose household or immediate family member is, and who is not themselves the alleged abuser — may make the same written request with qualifying documentation: a protective or restraining order, a police report of the alleged abuse, or a statement from a qualified third party such as a counsellor, health practitioner or victim advocate. The landlord must then change the locks no later than 24 hours.

If the landlord does not act

Both sections provide the same remedy. If the landlord fails to act within the 24 hours, the tenant may change the locks without the landlord's permission, notwithstanding any provision in the lease to the contrary. The work must be done in a workmanlike manner with a lock of equal or better quality, the landlord must be notified within 24 hours and given a key by a reasonable agreed method, and the landlord must reimburse the reasonable cost no later than 21 days afterwards.

Under section 1941.6 a tenant excluded by the court order generally remains liable under the lease. Being excluded from the unit is not the same as being released from the rent.

Illegal lockouts: what a landlord may not do

Civil Code section 789.3 is unambiguous. A landlord may not, with intent to terminate the occupancy, wilfully prevent the tenant from gaining reasonable access to the property by changing the locks, by using a bootlock, or by any other similar method or device.

The consequences are set out in the same section: the landlord is liable for the tenant's actual damages, plus a penalty of up to one hundred dollars for each day or part of a day the violation continues, with a minimum of two hundred and fifty dollars for each separate violation. The prevailing party in an action under the section may be awarded reasonable attorney's fees, and a tenant may seek an injunction.

Eviction in California runs through the courts. A judgment, a writ and a sheriff are how a tenancy ends against the tenant's will — not a locksmith on a Tuesday afternoon.

Where we stand: we do not change the locks on an occupied residential unit at a landlord's request without evidence that the tenancy has lawfully ended. Any locksmith who tells you otherwise is offering to help you break the law.

Entry: holding a key is not permission

Civil Code section 1954 governs when a landlord may enter — broadly, in an emergency, for necessary or agreed repairs, to show the unit, on abandonment, or under a court order. Except in an emergency, where the tenant consents at the time, or on abandonment, the landlord must give reasonable written notice of the intent to enter and enter during normal business hours. Twenty-four hours is generally presumed reasonable, and the notice should state the date, approximate time and purpose.

Between tenancies: is a rekey required?

There is no statewide California statute requiring a landlord to rekey between tenancies, unlike some other states. Many landlords do it as routine practice, a lease may require it, and a city ordinance may go further than state law. If you are moving in, ask in writing whether the locks were rekeyed after the last tenant — see lock rekey.

Practical checklists

If you are a tenant

• Check the deadbolt and window locks on day one. Report anything inoperable in writing and keep the copy.
• Read the lease clause on lock changes before changing anything, and ask in writing whether the unit was rekeyed after the last tenant.
• If you are a survivor of abuse, sections 1941.5 and 1941.6 exist for you. Make the request in writing and keep the documentation.
• If you have been locked out, do not force your way back in. Section 789.3 exists — get advice.

If you are a landlord or managing agent

• Rekey at turnover. It ends arguments about who holds a key.
• Respond to a written report of a broken deadbolt or window lock promptly, and record when you did.
• Treat a request under sections 1941.5 or 1941.6 as a 24-hour clock, not a maintenance ticket.
• Never use a lock change as an eviction tool. Section 789.3 is not a grey area.
• For a building, a designed master key system beats keys nobody can account for — see commercial locksmith.

Again: general information about California law, not legal advice. Your situation may turn on facts this page cannot know. For advice, speak to a lawyer, a legal aid organisation, or a local tenant-landlord assistance service.