English
EspañolWho can get their locks changed under this law?
This law applies to a tenant who:
- is a victim of abuse or violence; or
- has an immediate family member or household member who is a victim of abuse or violence, as long as the tenant is not the one who committed the abuse or violence.1
1 Cal. Civ. Code § 1941.5(a), (f)(2)
How can I get my locks changed?
If the abuser is not a tenant on the lease, you need to make a request in writing for the landlord to change your locks and give it to the landlord along with proof (documentation) of the abuse. You can show any of the documents listed in What documentation do I need to show my landlord to prove that I am a victim of abuse? but the documents do not have to be issued within the 180-day timeframe explained in that question. Alternatively, you could show any other form of documentation that reasonably proves that the abuse or violence occurred, including a signed statement from you.1
If the abuser is a tenant on the lease, you can only request that the landlord change the locks if you have a restraining order against the abuser within the past 180 days that removes (excludes) the abuser from the home. You need to make a request in writing for the landlord to change your locks and give it to the landlord along with a copy of the restraining order. The restraining order can be a civil harassment order, a domestic violence restraining order, a protective order issued in a criminal case, or an order issued in juvenile court as part of a dependency case.2 The abuser is still legally responsible for the rent due under the lease, along with the other tenant(s).3 This means that if the full rent isn’t paid, and the landlord sues the tenants for non-payment of rent, the abuser can also be sued.
1 Cal. Civ. Code § 1941.5(a), (d)
2 Cal. Civ. Code § 1941.6(a), (b), (f)(1)
3 Cal. Civ. Code § 1941.6(e)
How quickly does the landlord have to change the locks?
Whether or not the abuser is on the lease, the landlord has 24 hours to change the locks at the landlord’s own expense. The 24-hour time period starts from the moment you give the landlord proof (documentation) of the abuse. If the landlord doesn’t change the locks within 24 hours, you can change the locks without the landlord’s permission and the following rules apply:
- You must use a “workmanlike manner” to change the locks;
- The quality of the locks must be a similar or better quality than the original locks;
- You must notify the landlord within 24 hours that the locks have been changed;
- You must provide the landlord with a key; and
- The landlord must reimburse you for the cost within 21 days.1
1 Cal. Civ. Code §§ 1941.5(b), (c); 1941.6(b), (c)
