Whether you are a landlord or tenant, you must be wondering, “Can a tenant change the locks without the landlord’s permission”?. There are some aspects to consider, such as whether it is legal to change, the circumstances to change, and who bears the cost of changing the locks.
I am sure neither of you wants to face legal consequences regarding changing the locks on a rental property without consent. Legal consequences depend on various factors including local laws, circumstances, and whether the affected party decides to pursue legal action.
So, let’s dwell on the topic of whether a tenant can change the locks without permission.
Can a Tenant Change the Locks Without Permission?
The lease agreement does not allow tenants to change the locks on rental units without permission, which is both a legal and contractual issue. The landlord has the right to modify the locks again and charge the tenant for breaching the lease and changing the locks.
Legal Issues:
The legal issues and consequences for changing the locks without permission in the USA can vary depending on the state laws and circumstances. In general, unauthorized change of lock can lead to potential accountability for damages such as illegal lockout and charges of criminal damages if it restricts the landlord’s access to their rental property.
The Contractual Issues:
Whether a tenant can change the locks depends on the laws and regulations of the specific jurisdiction, as well as the terms of the lease agreement. In most places, tenants can change the locks, but they are required to provide a copy of a new key to the landlord or property manager upon request.
Additionally, some leases have clauses that completely prohibit tenants from changing locks without the landlord’s permission.
It’s always best for both landlord and tenants to review their lease agreement and familiarize themselves with local landlord-tenant laws before making any changes to the property, including changing locks. If there are any questions or concerns, communicate with a legal professional or property manager. Also, learn whether a landlord can change the locks.
Why do Tenants Want to Change the Locks?
To begin with, you need to understand “why do tenants want to change the locks?” as a landlord or property manager. There are some key points to consider:
- Tenants ensure no one enters their apartment or units, even if they are a landlord, property manager, or previous tenants.
- They want to change it into a smart lock to let in their family, friends, housekeepers, exterminators, and more in their absence.
- If their current key or lock does not allow for duplicates (companies like Master Lock, S&G, Medeco, and so on).
In What Circumstances Can a Tenant Change the Lock?
In general terms, tenants can change the locks on an apartment under certain circumstances. Still, it’s necessary to review the lease agreement and local laws, as they can vary. Thus, landlords need to understand such situations.
Here are some common conditions where a tenant can change the locks:
Security Concerns:
Tenants can change the locks if the current locks are damaged, broken, or in poor condition. If the landlord or property manager is not available or does not respond to the request in such a situation the tenant can change the locks to ensure the safety and security of the property.
Unauthorized Entry:
If there are suspects of unauthorized access such as previous tenants, landlords, and maintenance personnel. In such situations, the tenant can change the locks to prevent unauthorized entry.
Domestic Violence or Safety Concerns:
If there is an increase in domestic violence like rash break-ins in the neighborhood or other safety concerns, tenants can change without the landlord’s permission to protect themselves.
Lost or Stolen Keys:
If a tenant loses their keys or believes they have been stolen, they can change the locks to prevent unauthorized access to the property.
Landlord Consent:
Mostly, landlord consent is necessary to change the locks in a rental unit which can also be specified in the lease agreement. Thus, if the landlord agrees then the tenant can proceed with the lock change.
Providing New Keys:
If the tenant has already changed the locks for security concerns or aesthetics, usually they can provide new sets of keys to the landlord within 5 days according to the law. This helps landlords access the rental property for emergencies or repairs.
However, it is very important to obtain permission from the landlord to change the locks in a rental unit, which also includes notification to the landlord, providing new sets of Keys, and ensuring that the changes comply with local laws and lease agreements. Thus, failing to do so will result in legal consequences or lease violations.
What to Do if the Tenant Changes Locks Without Permission?
First, the tenant can not change the locks without the landlord’s permission. If the tenant changes the locks without consent, generally it’s considered a breach of the lease agreement.
Here are some of the points the landlord needs to consider:
Review the Lease Agreement:
Check the lease agreement to see if there are any clauses regarding changing the locks in an apartment. Most of the leases required the landlord’s consent before making any modifications or alterations to the rental property.
Warning Letter to Tenant for Violation:
You can write a warning letter to tenant for violation of an unauthorized lock change. In the letter, you can ask for a copy of a key, warn of potential consequences, and provide a timeline for the tenant to respond.
Communicate with the Tenant:
You need to reach out and discuss the situation with the tenant. Politely inform them that changing the locks without permission is a violation of the lease agreement. You can request them to provide copies of new keys or change the locks back to their original state.
Explain the Risks:
You can highlight the risks and importance of maintaining access to the property such as for emergencies or necessary repairs.
Provide a Deadline:
Give the tenant a reasonable deadline to provide copies of new keys or change the locks back to their original state. And make sure to record the communication in writing.
Legal Action:
You can take legal action against the tenant if they refuse to comply, by sending a formal notice of lease breach or seeking legal advice on the appropriate steps to take based on local landlord-tenant laws.
Consider Security Concerns:
As we have discussed before related security concerns in such circumstances tenants can change the locks but it must be valid security concerns. Thus, ensure that the property is safe and secure for both you and the tenant. If possible change the locks yourself and provide the tenant with new keys.
At last, remember to handle this situation professionally and calmly. If possible aim to resolve the issue appropriately or consult with a legal professional familiar with landlord-tenant laws.
Who bears the cost of changing locks on an apartment?
You must be wondering who sustains the cost of changing locks on an apartment. There are some cases you need to understand for the cost bearing such as the landlord changing the locks, the tenant changing the locks without permission, and the tenant changing the locks with permission.
Generally, if the landlords change the locks in the rental property concerning the security and safety of the tenant at the time landlords are responsible for covering the cost of lock change.
However, if the tenants change the locks without the landlord’s approval under any circumstances, landlords are not responsible for sustaining the cost.
If the tenant changes the locks with the landlord’s permission for valid reasons or requests to change the locks. In such cases, landlords are obliged to cover the cost of a lock change.
Final Thoughts on Can a Renter Change the Locks
Renters are not permitted to replace the locks in units without permission. If they change the locks, it will be considered a breach of lease, and need to provide a copy of the new keys. And also if occurs any damage during the lock replacement, the cost of the damage can be covered by the tenant security deposit.
However, both landlord and tenant need to discuss and review the lease and understand landlord-tenant laws regarding lock replacement.
If you want to ease your renting business and property management experiences partner with OKC Homes Realty Services.
FAQs on Can a Tenant Change the Locks
Can a tenant change the locks without telling landlords?
Tenants usually cannot change the locks without the landlord's permission, as it may violate the lease agreement or local laws. There are limited exceptions, such as for safety reasons or if the landlord fails to provide a secure lock. It's best to consult with the landlord before making any changes to the locks.
Is it illegal to change your locks without notifying a landlord?
Yes, it is illegal to change the locks of your rental without notifying a landlord; you can be sued or evicted from the property for this.