New Law Allows Domestic Violence Victims To Have Locks Changed to Protect Their Safety

Victims of domestic violence, sexual assault or stalking may be at risk from someone who has a key to their home. The California legislature has recognized this risk and has passed a law that will enhance the safety of such victims. California Civil Code Sections 1941.5 and 1941.6, require landlords to change the locks of domestic violence, sexual assault or stalking victims within 24 hours of receiving a written request and a copy of a restraining order or a police report that is no more than 180 days old. If the landlord does not change the locks within 24 hours, the victim can change the locks herself. She must give the landlord a copy of the new key within 24 hours. The new locks must be the same or better quality as the old locks. If the victim lives with the abuser, she can have the locks changed if the restraining order states that the abuser must move out of the home. The abuser is still jointly responsible for the rent. If the lease has a provision prohibiting the change of locks, the victim can change the locks anyway if the lease was signed after January 1, 2011. The law is silent as to who should pay for the costs of changing the locks.