Can landlords change locks during an eviction?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Can Landlords Change Locks During an Eviction in California?
In California, the eviction process is governed by specific laws designed to protect the rights of both tenants and landlords. One common question among tenants facing eviction is whether landlords have the legal right to change the locks during the eviction process. Understanding the rules around lock changes can help tenants know their rights and what to expect if they are going through an eviction.
Lock Changing and Eviction Laws in California
In California, landlords are generally prohibited from changing the locks or otherwise locking out tenants without following the formal eviction process. This type of action is commonly referred to as a “self-help” eviction, which is illegal under California law.
- Self-Help Eviction Defined: This includes changing locks, shutting off utilities, removing tenant belongings, or otherwise forcibly removing a tenant without a court order.
- Legal Eviction Process Required: To legally evict a tenant, the landlord must go through the court system and obtain a judgment of eviction (also called an unlawful detainer judgment).
What the Law States
Under California Civil Code Section 789.3 and Code of Civil Procedure Section 1161, landlords cannot use force or “self-help” methods to evict a tenant, including changing the locks, before going through the judicial process.
- No Lockouts Without Court Order: Landlords cannot simply change the locks to evict the tenant.
- Court-Ordered Eviction: After a lawsuit, if the landlord wins, the court may issue a writ of possession.
- Sheriff’s Involvement: The writ of possession is executed by the sheriff or marshal, who has the authority to remove the tenant and their belongings.
- Landlord’s Role Post-Eviction: Only after the sheriff removes the tenant legally can the landlord change the locks and secure the property.
What Happens if a Landlord Changes Locks Without a Court Order?
If a landlord changes the locks or locks a tenant out without following the legal procedure, the tenant may have strong legal remedies:
- Tenant Rights Violation: Such actions violate California's tenant protection laws.
- Potential Lawsuits: Tenants can sue for wrongful eviction, illegal lockout, or wrongful exclusion.
- Damages and Penalties: Tenants may be entitled to recover damages, including actual damages, punitive damages, and attorney’s fees.
- Re-Entry Rights: Tenants are typically allowed to regain possession and may call law enforcement to intervene.
When Can a Landlord Change Locks?
There are limited circumstances when a landlord may change the locks in California:
- Tenant Abandons the Property: If the landlord can reasonably prove the tenant has abandoned the rental unit, the landlord may change locks and secure the property.
- Post-Legal Eviction: After the sheriff removes the tenant following a court order, the landlord is free to change the locks.
- If Tenant Agrees: Both parties can contractually agree to a lock change or surrender of possession.
Practical Advice for Tenants Facing Eviction in California
- Know Your Rights: Understand that landlords cannot legally change the locks or evict you without a court order.
- Respond to Notices: Pay attention to any eviction notices and consider consulting an attorney.
- Do Not Attempt to Re-Enter Without Legal Guidance: If you are locked out illegally, contact legal aid or a tenant’s rights organization before attempting to re-enter the unit.
- Keep Records: Document any unlawful eviction attempts, including lock changes, utility shut-offs, or removal of belongings.
- Seek Legal Help: Many local tenant groups and legal aid organizations in California offer assistance with eviction defense.
Conclusion
In California, landlords must follow a strict legal eviction process before changing locks. Changing locks or locking tenants out without a court order is illegal and subject to penalties. Tenants facing eviction should be aware of their rights and seek legal advice if landlords attempt to change the locks illegally. The judicial process exists to ensure fairness and protect both parties in landlord-tenant disputes.