The US burglary rate has dropped dramatically since 1990. The reasons for this vary from one region to another but could be due to more awareness around security, better alarm systems, and more visible policing. However, the threat of crime is not the only reason why residents sometimes change their locks.
So, can a tenant change the locks without the landlord's permission?
This is often a contentious issue. Residents might believe that they have the right to do so, for their safety and peace of mind. Property owners/managers may disagree, as it’s an unauthorized alteration to the rental property.
We look at what the law has to say, and how to handle the issue with the least amount of stress.
Reasons a Resident Would Change Locks
The reasons for residents changing locks vary, but these are typically the most common reasons given when asked why they have changed the locks.
Urgent Security Risk or Increase in Neighborhood Crime
An urgent security risk may prompt residents to change the locks. They might work from home and want to protect expensive tech equipment or sensitive data on their computers. By changing the locks, they reduce the risk of a burglary where someone could tamper with their workstation.
If you notice that a resident changed the locks, local crime may very well be the reason. This could be due to concerns about crime in general, or a reaction to a recent spike in home invasions in the area. They have even experienced a burglary at their last residence, and are determined to avoid it in the future.
Landlord/Property Manager Harassment Issues
Your residents could have been harassed by landlords or property managers in the past, and they are trying to avoid it from happening again. Also, ask yourself if your behavior could be behind their decision to change the locks.
Your friendly attempts to build a better landlord-tenant relationship may have been misinterpreted. This calls for sensitive handling of the subject. Remember that all residents are entitled to privacy and respect, and some will be more introverted than others.
The Fear of an Impending Eviction
If the locks have been changed after rent payments are late or have stopped, they may be trying to avoid the possible consequences - eviction proceedings. This could be a ploy to avoid you coming into the property and removing their things.
This fear is understandable, and it is a reminder to proceed with caution in such situations. Even if they have stopped paying rent, don’t enter the property uninvited and harass them. Instead, take the correct legal action to evict them.
End of a Relationship
If it has come to your attention that a resident has changed the door locks to a rental unit without permission, don’t jump to conclusions. They may have a valid reason for doing so in such a hurry. The end of a hostile or abusive relationship might be behind their decision.
Perhaps your resident has been the victim of domestic abuse or has gone through a recent difficult divorce. They may feel much safer knowing that their former partner, who probably has keys to the property, can no longer enter the property.
Upgrading to Smart Locks
Perhaps the resident has decided to switch to smart locks and plans to deduct the cost from the rent. Upgrading to smart locks is not necessarily a bad thing, as it can raise the value and appeal of the rental property in the future. However, residents may not alter the property without prior permission.
It is up to you whether or not you accept the upgrade, and reimburse them for it, or not. Either way, explain that unauthorized alterations will not be tolerated in the future. They must ask for permission before proceeding with any changes to the property, even if they have good reasons for making them.
Can a Resident Legally Change the Locks?
Now that we’ve covered the potential reasons for changing the locks, let’s look at what the law says about this issue. Can a resident change the locks without the property manager's permission? And are there any exceptions to the rule?
Lease Agreement vs Local Laws
A resident may not legally change the locks without permission from the property owner/manager. A resident must notify you of their intention and also provide a spare key. Failure to do so is a violation of the rental agreement and prevents the owner/manager from accessing the property.
You can save yourself and your residents expenses and hassle by addressing the issue of changing locks and other alterations in the lease. Consult the local laws on the matter if you are unsure of how to proceed. Although most states have similar guidelines, there are sometimes small differences.
Avoiding the Problem Before It Occurs
Many residents are uncomfortable with property owners or managers showing up unannounced. This might make them want to change the locks without asking for permission. But there are legal and diplomatic ways of dealing with the problem of residents who don’t like people entering the property.
Adhere to Advance Notice Requirements
Except for extreme cases like emergencies, give residents sufficient notice before entering the premises. Even if you want to perform scheduled maintenance, give notice before arriving. Although local laws may vary, property managers must usually notify residents a day or two in advance.
The RentCheck Solution
Let your residents conduct routine property inspections on their own with RentCheck. This app frees property managers from time-consuming inspections of multiple rental properties. With RentCheck, residents perform their own inspections and the automated reports are sent to the property manager with one click.
What to Do if Your Resident Changes Locks Without Permission
If you explain the dos and don'ts before a new resident moves in, they will think twice before making unauthorized alterations such as changing locks. However, there’s always the possibility that a situation will arise that leads them to change locks without your consent. So, what do you do in this situation?
1. Notify Them That You Are Aware
First, notify them that you are aware of the alteration to the rental property. This will, of course, be easier with visual evidence from your latest property inspections. Send them a message, including this evidence, and tell them that they have changed the locks without permission.
If you are using an app like RentCheck with photographic and 360-degree video features, you will very quickly notice such changes in the scheduled inspection reports. It makes it impossible for residents to refute your claims of unauthorized changes to the locks.
2. Reasonable Justification: Give Them the Benefit of the Doubt
Next, give them the benefit of the doubt. They might have had an urgent need to change the locks, and not enough time to inform you first. Perhaps they sent you a message about it, but you did not receive it. Or they might not have realized that they were not allowed to change the locks without permission.
3. Communication of Costs
If you decide they were justified to get the locks changed you might be happy to cover the costs, or part of the costs. Get the facts about the new locks, such as who installed them, and what they cost. Ask for evidence of these costs, such as quotes, invoices, and receipts.
4. Return to Original Condition/Security Deposit Deduction
You may decide that the changing of the locks was unjustified, and you are not prepared to cover the costs. If you wish to return the locks to their previous state, tell your residents you will replace the original locks at their expense. If necessary, the cost can be deducted from their security deposit.
Possible Consequences of Unauthorized Lock Changes
Changing the locks without permission from the property owner or manager has possible consequences. Unless a justifiable reason can be presented, such action may result in:
- Legal liability for damages
- Lease Termination
- Eviction
State this clearly in the lease agreement, and you will avoid such problems in the future.
Let RentCheck Handle the Security of Your Rental Property
Can a resident change the locks without the property manager's permission? No, generally they are not allowed to do so. However, understanding the reasons behind tenant behavior often allows a diplomatic solution. It’s also possible to avoid such problems before they happen, with the right software.
RentCheck is a convenient way to customize and automate your routine property inspections. But it does so much more than that. It helps you stay up-to-date with changes to the condition of your rental property. It also prevents disputes over whether your residents have made changes to the property or not.
Sign up for a free trial of the RentCheck app today!
