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A Tenant’s Guide To Apartment Locks
If you’re a tenant living in an apartment, there are many situations in which changing your locks can be desirable, necessary, or simply urgent. Maybe you’re interested in new lock technology that unlocks your door with a fingerprint, or your current lock isn’t working right. But can a tenant change the locks without the landlord’s permission? Even though you take over some property responsibilities while paying to live in a rental property, where do your rights end?
In this article, we’ll walk you through reasons you or other tenants may want to change locks, when you’re permitted to change them, and why a landlord may need access to your rental unit periodically.
Reasons a Renter May Want to Change Locks Without Permission
As stated above, there are plenty of reasons to want to change your locks. You may want upgrades for security reasons, aesthetic purposes, or simply to try out new technology. Sometimes, the landlord can be left out of this equation, and there are many reasons why. Let’s explore some of the situations when a renter may want to change locks without permission.
Security Risks or Criminal Activity
Security should always be a priority to keep not only your apartment but also yourself safe. If you’ve lost a spare key, have had a recent break-in, or are suspicious that previous tenants may have access to your space, changing your locks and getting a new key may be a simple fix that will make you feel more secure at home.
New Lock Technology
As our society becomes more tech-savvy, so does lock technology. Smart locks with features like fingerprint sensors, Wi-Fi connections, and number keypads have become increasingly popular over the past several years, with over 12 million consumers purchasing them by 2022 alone. Tenants might want to get in on the newest smart locks for accessibility, security, or just for fun.
Visual Appeal
If you’re doing other decorating or are updating your apartment, you may want to increase your locks’ visual appeal. This could mean purchasing locks with a new design, different accent colors, or a smaller size.
Landlord Harassment
While landlords generally give tenants their space, only entering the apartment at necessary times (which we’ll touch on later), some landlords may, unfortunately, abuse their power and access to your apartment by coming in frequently and without notice. If a tenant feels harassed or unsafe by their landlord or property manager, they might understandably want to change their door locks to limit their landlord’s access.
Can a Tenant Change the Locks?
So, can a tenant change the locks? It depends on several factors. The answer isn’t a cut-and-dry yes or no, so there are several things to consider and communicate with your landlord before making any decisions or changes.
State Laws
State and local laws on whether permission is required to change the locks on your apartment are something you should research before putting a plan into action. Laws on changing locks vary. Some states don’t have specific laws stating that tenants don’t need permission to change locks, but others—such as Montana, Alaska, and South Carolina—state that landlord permission is required.
Each state has specific rules for a landlord’s right to enter your apartment, which means they need access to the unit via the locks. It’s best to be sure of your state’s laws before changing any locks in your home.
Lease Agreements
Even if your state doesn’t have specific regulations for tenant lock changes, your lease agreement will likely have specifications prohibiting you from changing the locks, especially without communication with the landlord. If the ability to change locks is important to you, ensure that you read the lease agreement closely for any lock-changing rules before signing or ask a landlord to add them to the lease if the information isn’t already included.
Damage
In some cases, changing the locks on your apartment can be considered “damage,” particularly in states that don’t allow lock changes without landlord consent. This change could be seen as “criminal damage,” regardless of whether any actual damage is done, and your landlord may even deduct funds from your security deposit to compensate them for this damage. Either way, lock changes should be reversible and should aim to stop any damage from happening to the door.
Why a Landlord May Need to Enter Your Apartment
You might be wondering why your landlord needs a key to your apartment in the first place. After all, you can let them in if they need access, right?
There are several legally protected reasons why a landlord may need access to your apartment. These reasons may vary by state, but generally, there are three to keep in mind:
Inspections
Landlords periodically inspect their apartments to ensure health, safety, and the state of the unit. Oftentimes, they’ll include clauses in your lease agreement regarding the frequency of inspections, so you know when to expect a visit. While you may want to be home for an inspection of your apartment, your schedule may not coincide with your landlord’s, meaning they’ll need access to it when you’re not there.
Repairs
If any sort of maintenance is needed, a landlord will need access to your apartment, either to fix it themselves or let in a professional. You may request a fix, therefore knowing that your landlord will be entering your apartment, or they may find an issue during an inspection that requires them to come back for repairs later. Landlords have the right to access your apartment for this reason.
Emergencies
Of course, in an emergency, a landlord may enter your apartment to address an immediate issue, even when you’re unreachable or away from the property. If you’ve changed the locks and a fire starts or a pipe bursts in your apartment when you aren’t home, your landlord won’t be able to enter the apartment to help mitigate damage or keep the situation from affecting other tenants.
Instances When Your Landlord Shouldn’t be Entering Your Apartment
Just because a landlord should have access to your property when needed doesn’t give them the right to come in whenever they want, though. Here are instances when your landlord shouldn’t be entering your apartment:
- Outside of reasonable hours
- Without proper notice
- To harass or intimidate you
The expectations for some of these instances can vary by state. For example, “proper notice” means something different depending on your state: Ohio landlords must provide 24 hours’ notice before entering an apartment, Vermont landlords must give 48 hours’ notice, and Wisconsin landlords must give 12 hours’ notice. Many states also don’t specify what “reasonable hours” are, but these generally fall during business hours (typically somewhere between 8 AM and 6 PM).
Landlords also shouldn’t abuse their power to access your apartment. For example, a landlord can show potential tenants your unit, but if they’re holding multiple showings a day and it’s heavily interfering with your daily life, or if they’re coming by to harass you about your use of the space and making you feel unsafe, you should communicate the issue with them and contact an attorney if the problem isn’t solved.
Conclusion
So, can you change the locks on your apartment? The answer will sometimes be no, especially if you plan to change them without telling anyone—but as a renter, changing your locks doesn’t need to be a battle. There are many reasonable situations where new locks can be beneficial for both tenant and landlord, so going through the proper channels to get them changed is an easy way to mitigate tension or legal issues that could otherwise come up. By checking state laws, understanding your options, and communicating with your landlord, you can hold the key to changing your locks.
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