changing keys / locks

[infocus]

What is the name of your state (only U.S. law)? CA

Under California law, does a tenant renting a house have to get permission from the owner to change the locks? Once the locks are re-keyed, does he have to give the master key to the landlord? What if something serious happens in the property, like a water main breaking, and the tenant is out of town – how would the owner get in?

 

[Just Blue]

What is the name of your state (only U.S. law)? CA

Under California law, does a tenant renting a house have to get permission from the owner to change the locks? Once the locks are re-keyed, does he have to give the master key to the landlord? What if something serious happens in the property, like a water main breaking, and the tenant is out of town – how would the owner get in?

Yes. The tenant has to have permission from the LL and supply the LL with a copy of the re-keyed locks.

 

[infocus]

Okay. Is that California law or is that something that would be on a contract?

As a side note, the tenant does not have an actual contract with the property owner. It is all verbal (which I'm sure nobody on this forum would approve of!)

 

[FarmerJ]

Month to month verbal tenants do not have a automatic right to change any thing in the unit. If your the LL and you have a new tenant in a unit where you did not change the lock your free to do it so you can keep a copy for legal entry to the unit If you were my tenant and you didnt give me a key I would have no hesitation to give you a set time in writting to give me a key or send you proper notice to get out.

 

[infocus]

What about a contracted tenant that is month to month or yearly lease? Would that have any difference on this issue or is it still the same?

Basically, just wondering if California law states that the key has to be provided, or is it contract specific?

 

[Cvillecpm]

Landlords should always retain a key to their property for emergencies. The tenant should never change the locks on their own. If the locks are changed, it should be the landlord having the work done and the landlord retains control of the keys and provides copies to the tenant(s)

 

[Some Random Guy]

Basically, just wondering if California law states that the key has to be provided, or is it contract specific?

It is more of a contract issue than a specific law. Your month to month or annual lease gives you the right to live there in excahnge for rent. It does not give you the right to make modifications to the house.

Therefore, if you make unauthorized modifications, the landlord is free to accept them, tell you to undo your changes or else charge you for having the landlord put it back the way it was.

If you change the locks and the refuse to give the landlord the key, the expect the LL to change them again, give you a key and charge you for the new locks and installation. And for the hassle, expect the landlord to not renew your lease.

 

[xylene]

What about a contracted tenant that is month to month or yearly lease? Would that have any difference on this issue or is it still the same?

Basically, just wondering if California law states that the key has to be provided, or is it contract specific?

ALSO if the landlord was delayed in entry and this resulted in damage (say a pipe burst) or expense (a mechanic can't get in and bills for time) the lock changing tenant would be liable.

Broadly speaking, absent a clause written into a lease, a tenant can never lock the landlord out. No landlord would agree to such a clause, it would also be impossible to enforce in the face of the landlords many DUTIES under law to maintain the unit... not to mention desiring such a term... it smacks of wanting to lock out a landlord to make meth or do drugs and even if the reason is innocent it sounds real bad.

 

[Cvillecpm]

CA law allows the property owner to retain a key to their property.