The Key to Compliance: What You Can (and Can’t) Do When Changing Locks

Maintaining lawful access to your rental units is essential — not only for addressing repairs and emergencies but also for meeting your ongoing habitability obligations under California law. However, lock control is a sensitive issue, and mishandling it can easily be misinterpreted as harassment or even an illegal lockout.

This guide explains when and how a rental housing provider can lawfully change or rekey locks while staying compliant with state and local law.

1. Your Right to Access Under California Law

Under California Civil Code §1954, a housing provider may enter a rental unit for specific, lawful purposes — including inspections, necessary repairs, and addressing health or safety concerns — with at least 24 hours’ written notice.

Entry must occur during normal business hours and for a legitimate reason. Emergencies are the only exception to the notice requirement.

Changing or rekeying a lock is considered a form of “entry” and must follow the same notice rule unless the tenant requests it or there is an immediate safety concern, such as a broken or compromised lock.

2. Lease Requirements: Lock Changes and Key Copies

Section 5.3 of the BPOA Residential Rental Agreement prohibits residents from adding, altering, or replacing locks without the owner’s consent. It also requires that:

“Any lock that Owner permits Resident to change or install shall become property of Owner and shall not be removed by Resident. At their sole cost, Resident shall promptly, and after not more than 24 hours, give a duplicate key or key code to any such changed, altered, replaced, or new lock to Owner.”

This ensures that management maintains access for repairs, emergencies, and inspections — all of which are required under Civil Code §1941.1, the statute governing habitability.

3. Giving Notice Before a Lock Change

While Civil Code §1954 requires at least 24 hours’ written notice, best practice is to provide 48–72 hours whenever possible.
This helps demonstrate good faith and prevents claims of retaliation or harassment under Berkeley’s Tenant Protection Ordinance (BMC §13.79).

A written notice should:

• Cite the lease clause requiring the tenant to provide a duplicate key;

• Specify the date and time window when the locksmith will arrive; and

• State that the tenant will receive a new key immediately after rekeying.

If the tenant has failed to provide a key after being asked to do so, the notice may also reference that ongoing failure as a lease violation.

4. Ensuring Compliance With Local Law

Berkeley’s Rent Stabilization Ordinance (BMC §13.76.130(A)(6)(5)) recognizes refusal of lawful access as a just cause for termination, but only after the tenant has received a written notice to cease and continues to deny entry.
This means housing providers must first document each denial and serve proper notices before pursuing any termination action.

Meanwhile, the Tenant Protection Ordinance (BMC §13.79) prohibits harassment, including:

“Changing locks or otherwise interfering with the tenant’s right of possession, except as permitted by law.”

To avoid violating this rule:

• Always provide written notice;

• Never change locks as punishment or leverage; and

• Deliver the replacement key immediately.

5. Best Practices for Documentation

To protect yourself and ensure compliance:

• Keep copies of all notices served to the tenant;

• Retain locksmith invoices or work orders;

• Record the date, time, and purpose of each entry; and

• Note when and how the new key was provided (in person or left inside the unit).

Consistent documentation demonstrates that your actions were necessary, lawful, and non-retaliatory.

6. When to Seek Legal Advice

If a tenant repeatedly refuses lawful entry, continues to withhold access, or accuses management of harassment after a properly noticed lock change, consult a qualified attorney before taking termination action.
BPOA can refer members to local landlord-tenant attorneys familiar with Berkeley’s ordinances and case law.

In Summary:

The Bottom Line:

Changing or rekeying locks can be lawful — but only when done transparently, with proper notice, documentation, and immediate reissuance of keys. Always treat lock control as a maintenance and safety measure, not an enforcement tool.