If the perpetrator is not a resident of the unit, the landlord is required to change the locks within two business days upon a tenant's request. Prior to doing so, the landlord may request proof of the tenant's status as a victim and the landlord may request the perpetrator's name. The landlord may also charge the tenant a reasonable fee for changing the locks.
If the perpetrator is a resident of the same unit as the victim, then the victim must provide the landlord with a valid restraining order (protective order) from the court or a statement from law enforcement, that indicates the perpetrator poses an imminent threat.
If the tenant makes the request of the landlord and the landlord does not change the locks within two business days, then the tenant may change the locks without the landlord's permission. If a tenant does this, the new lock must be the same or better quality than the old lock and if the lease provides, promptly provide a key to the landlord. If the landlord takes action to prevent the tenant from changing the locks, the landlord is liable for the greater of three months' rent or actual or consequential damages, plus reasonable attorney's fees.
Owners who act in good faith are not subject to damages and owners who refuse to provide a key to someone based on the reasonable belief that he or she is the perpetrator of a rape, sexual assault, stalking or domestic violence, are not liable.
The takeaway for landlords is that if you have a tenant who claims to be the victim of domestic violence, rape, assault or stalking and wants the locks changed, you must act quickly. Verify the veracity of the tenant's story and if true, then change the locks promptly. Document everything. If a tenant calls you to make this request, you can start to act on it, but have the tenant follow up in writing. Obtain verification in writing and keep a copy for your file. If the perpetrator asks for a copy of the key and you refuse to provide one, make a note in the tenant's file.
