Legal Question in Real Estate Law in California
I own a rental property and I lost my key to this home. I have asked my tenant to give me a copy of the key, but he is refusing. This is preventing me from having access to my home to make necessary repairs and also to show the property. Is there anything I can do? Can I go ahead and have the locks changed so long as I give my tenant a new set of keys?
2 Answers from Attorneys
You can either change the locks, or give the un-cooperative tenant a notice of termination of the tenancy, due to his non-cooperation. This is of course, if you can terminate the lease. Perhaps his non-cooperation will make an exception to the long term of the lease. I would let him sweat, that you are intending to move him out.
Unless you have a very unusual lease, the tenant is not required under penalty of eviction to deal with your misplacing keys. But you absolutely have every right to change the locks at any time as long as you don't lock the tenant out and you give him keys to the new lock.