You come home after a long day. You slide your key in the lock, but your door won’t open. You try again, but the door won’t budge. The lock has been changed. Your landlord never told you this was going to happen. You feel confused and angry.
At The Law Firm For Tenant Rights, we’ve seen this situation happen more often than you think. Many tenants don’t know their rights when it comes to lock changes. Let’s see what your landlord can and cannot do.
Is It Illegal for a Landlord to Change Locks Without Notice?
In most cases, it is illegal for a landlord to change your locks without telling you first. This is true even if you owe rent money or broke a rule in your lease. We protect tenants facing wrongful evictions.
When a landlord changes your locks without notice and without giving you a new key, it is called an illegal lockout.
There are laws set to protect tenants from this. In California, under Civil Code 789.3, a landlord cannot change the locks or deny you access without a court order.
You have the right to live in your home without being suddenly locked out.
What Makes a Lockout Illegal?
A lockout becomes illegal when:
- Your landlord changes the locks without warning you
- You still have a valid lease agreement
- Your landlord hasn’t gone through the proper court eviction process
- You got locked out as punishment for complaining about repairs
What Are Illegal Lockout Laws?
Every state has laws that protect tenants from illegal lockouts. These laws require landlords to follow certain rules before they can change your locks or evict you from your home.
In California, landlords cannot use lockouts to force you out. This is considered a “self-help eviction,” and it is illegal.
If your landlord locks you out illegally, they can face serious consequences:
- Paying you money for damages
- Paying your lawyer fees
- Criminal charges, in some cases, according to California Penal Code 418
According to the Judicial Branch of California, landlords must go through the proper eviction process if they want to evict someone.
Why Would a Landlord Change the Locks?
If you’ve ever found yourself wondering why your landlord changed the locks, you’re not alone. We’ve seen many tenants face this situation and receive little to no explanation.
While landlords may have their own reasons, that doesn’t mean their actions are legal. Here are some common reasons landlords give:
- You didn’t pay rent: Some landlords think they can lock you out if your rent is overdue. Landlords are required to go through the eviction process.
- You broke a lease rule: Even if you did something wrong, your landlord cannot lock you out without going to court first.
- The landlord wants you to leave: If your landlord wants to end your tenancy, they must give you proper written notice and follow the legal procedure.
- Between tenants: The one time it is okay to change locks is after one tenant moves out completely and before a new tenant moves in.
How Much Notice Must a Landlord Give Before Changing Locks?
If a landlord needs to change your locks, they usually must give you notice first. Under California Civil Code 1954, landlords must provide you with 24 to 48 hours’ notice before entering to make repairs, such as changing your locks.
But here is the important part: even with proper notice, your landlord must give you a new key right away. Your landlord cannot lock you out of your home. The only exception is if a court has already ordered your eviction and the legal process is complete.
What to Do If Your Landlord Changed the Locks Without Notice
Finding yourself locked out can be stressful. But you can take legal action. Here are the steps you should take:
- Document Everything. Take photos of the new lock. Write down the exact date and time. Save any text messages or emails from your landlord.
- Communicate. Contact your landlord right away. Ask them why they changed the locks and ask for a new key. Please keep a record of what they say.
- Know Your Rights. You have the right to get back into your home. In many places, you can call the police to report an illegal lockout.
- Get Legal Help. Contact a tenant rights attorney as soon as possible. At The Law Firm for Tenant Rights, we offer free consultations to tenants facing lockout situations.
- Don’t Break In. Even though you got locked out illegally, do not break a window or force the door open. Breaking in could cause legal problems for you later.
- File a Complaint. You can file a complaint with your local housing authority or tenant rights organization.
Can a Landlord Change Locks During an Eviction?
Your landlord cannot change your locks just because they started eviction paperwork. You must receive proper notice. There must be a court hearing. A judge must issue an eviction order. Only after all these steps can your landlord legally remove you.
In most cases, the police must carry out the eviction. Your landlord cannot do it themselves by changing the locks. Your landlord cannot change your locks while an eviction case is pending in court.
Tenant Rights When Landlord Changes Locks
As a tenant in California, you have strong legal protections against illegal lockouts.
Right to Access Your Home. You have the right to get into your home at any time. This right continues until a court says otherwise.
Right to Your Belongings. Even if there is a dispute with your landlord, you have the right to access your personal belongings.
Right to Legal Process. Your landlord must follow the law. They cannot simply kick you out without following the legal procedure.
Right to Damage. If your landlord locks you out illegally, you may be able to get money for your losses, which can include hotel costs, lost wages, or emotional distress.
How to Prevent Illegal Lockouts by Your Landlord
While you cannot control what your landlord does, you can take steps to protect yourself.
Know Your Lease. Read your rental agreement carefully. Understand what it says about lock changes and access to your home.
Keep Records. Save all communications with your landlord. Keep copies of rent receipts and other important documents.
Communicate in Writing. When possible, send emails or texts instead of just talking. Doing this creates a record of what was said.
Know Local Laws. Learn about tenant protection in your city and state. Many areas have strong laws that protect you.
Build a Support Network. Know who to call if something goes wrong. Have contact information for tenant rights organizations and lawyers ready.
Your Home is Your Right
Being locked out of your home without warning is not just frustrating. It is illegal in almost all cases. Landlords who change locks without notice are breaking the law and violating your rights.
You don’t have to accept this treatment. California law provides strong protections for tenants facing illegal lockouts. California Civil Code 789.3 clearly says a landlord cannot change the locks, shut off utilities, remove doors/windows, or exclude a tenant from the rental unit without a court order.
You have the right to live in your home without fear of being suddenly locked out. Take legal action now to protect your rights.
Your Next Steps
If your landlord has changed your locks without notice, or if you are worried this might happen, take action now. The Law Firm for Tenant Rights is here to help.
We have helped hundreds of tenants fight back against illegal lockouts and landlord harassment. Our team understands California tenant law and knows how to get results.
Contact us today for a free consultation. We will listen to your situation, explain your rights, and tell you what your options are.
Frequently Asked Questions
Can my landlord change the locks if I don’t pay rent?
No. Even if you owe rent, your landlord must go through the legal eviction process. They cannot lock you out without a court order.
Is it illegal for my landlord to lock me out in California?
Yes. California law makes it illegal for landlords to lock out tenants without following proper legal procedures through the courts.
Can the police help me if I’m locked out illegally?
Yes. Police can make reports of the illegal lockout and may help you regain access to your home. Always file a police report.
What damages can I recover if my landlord locks me out illegally?
You may be able to recover costs for temporary housing, damaged property, emotional distress, and attorney fees.
Can my landlord change the locks between tenants?
Yes. Once a tenant has completely moved out, the landlord can change the locks before the next tenant moves in.
