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Lease violation · §1954 access · §1941.5 DV exception

Tenant changed the locks. Cure-or-quit — except when it's a DV situation.

Standard lease violation handled with 3-day cure or quit. The exception: §1941.5 gives domestic violence victims a statutory right to change locks. Screen for that before serving.

TL;DR

3-day cure or quit citing the lock-change lease clause. Cure = key copy to landlord. Exception: §1941.5 DV victims with protective orders can change locks; landlord can't retaliate. Don't change locks back yourself — §789.3 triple damages.

The procedural path

  1. Screen for §1941.5 — is the tenant a DV victim with a protective order? If yes, no notice; accommodate.
  2. If not §1941.5: 3-day cure or quit citing the lock-change clause.
  3. Cure = landlord gets key copy. Document the key delivery.
  4. If not cured: UD on lease-violation just cause.

Common questions — changed locks

Can tenant change locks?

Generally requires landlord permission and key copy. §1941.5 DV exception applies.

Procedural path?

3-day cure or quit. Cure = key copy delivered.

§1941.5 exception?

DV victim with protective order can change locks; landlord must accommodate.

Access rights lost?

No. §1954 still applies. Tenant must allow noticed entry.

Change locks back?

No. §789.3 self-help triple damages.

Lock change case review

Free assessment including DV screening.

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