Landlord wants to force out tenant by changing locks
Unilaterally locking out a tenant is never permissible
Question: I have
rented a room in my house to a woman and her young daughter. After she
moved in, she changed the lock on the door to her room without my
consent and had male companions in her room who were very noisy and
disruptive. If she continues to make me uncomfortable in my own home,
can I just change the locks to force her to leave? If I can't get rid of
her, can I at least force her to give me a key to her room?
Answer:
Unilaterally locking out a tenant is never legally permissible, no
matter the justification. Under California Civil Code section 789.3, a
landlord who engages in a lockout is liable for damages of $100 for each
day of the lockout.
Generally, the only way to legally remove a
tenant is to prosecute an unlawful detainer case in the local Superior
Court. There is an exception in the case of a single lodger, as defined
in Civil Code section 1946.5. If the tenant qualifies as a single
lodger, you can give her a 30-day written notice of termination. If she
then fails to leave, she is considered a trespasser, subject to removal
by the local police. However, many local police departments will not
enforce this statute, preferring that a landlord use the unlawful
detainer process instead.
In your case, this option is not available because you have two tenants, not a single lodger.
You
do have a right to a key to the room, because you may have a lawful
need to enter; for example, if there were a fire or some other
emergency.
The tenant maintains her right to privacy even though
you have a key: Civil Code section 1954 significantly limits your
ability to enter the room. You cannot enter unless you have one of the
purposes listed in this statute, such as a need to make a repair, and
you must give written notice 24 hours in advance, unless there is a true
emergency or you have the tenant's consent.
If the tenant
continues to refuse to provide a copy of the room key, you should give
her a Three-Day Notice to Perform Covenant or Quit, specifying that
performance requires giving you a key. If she doesn't give you a key
within the three days covered by the notice, you can then file an
unlawful detainer action to evict her.
Eichner is director of
Housing Counseling Programs for Project Sentinel, a nonprofit agency
providing tenant-landlord and fair housing counseling in four Bay Area
counties. Send questions to info@housing.org