Chapter 2. Hiring of Real Property - California Civil Code Section 1941.6
Legal Research Home >
California Laws > Civil Code > Chapter 2. Hiring of Real Property - California Civil Code Section 1941.6
1941.6. (a) This section shall apply if a person who is restrained
from contact with a protected tenant under a court order is a tenant
of the same dwelling unit as the protected tenant.
(b) A landlord shall change the locks of a protected tenant's
dwelling unit upon written request of the protected tenant not later
than 24 hours after the protected tenant gives the landlord a copy of
a court order that excludes from the dwelling unit the restrained
person referred to in subdivision (a). The landlord shall give the
protected tenant a key to the new locks.
(c) (1) If a landlord fails to change the locks within 24 hours,
the protected tenant may change the locks without the landlord's
permission, notwithstanding any provision in the lease to the
(2) If the protected tenant changes the locks pursuant to this
subdivision, the protected tenant shall do all of the following:
(A) Change the locks in a workmanlike manner with locks of similar
or better quality than the original lock.
(B) Notify the landlord within 24 hours that the locks have been
(C) Provide the landlord with a key by any reasonable method
agreed upon by the landlord and protected tenant.
(3) This subdivision shall apply to leases executed on or after
the date the act that added this section takes effect.
(d) Notwithstanding Section 789.3, if the locks are changed
pursuant to this section, the landlord is not liable to a person
excluded from the dwelling unit pursuant to this section.
(e) A person who has been excluded from a dwelling unit under this
section remains liable under the lease with all other tenants of the
dwelling unit for rent as provided in the lease.
(f) For the purposes of this section, the following definitions
(1) "Court order" means a court order lawfully issued within the
last 180 days pursuant to Section 527.6 of the Code of Civil
Procedure, Part 3 (commencing with Section 6240), Part 4 (commencing
with Section 6300), or Part 5 (commencing with Section 6400) of
Division 10 of the Family Code, Section 136.2 of the Penal Code, or
Section 213.5 of the Welfare and Institutions Code.
(2) "Locks" means any exterior lock that provides access to the
(3) "Protected tenant" means a tenant who has obtained a court
(4) "Tenant" means tenant, subtenant, lessee, or sublessee.
Last modified: February 16, 2015