(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 contrary.
(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 changed.
(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 shall apply:
(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 dwelling.
(3) “Protected tenant” means a tenant who has obtained a court order.
(4) “Tenant” means tenant, subtenant, lessee, or sublessee.
(Added by Stats. 2010, Ch. 626, Sec. 3. (SB 782) Effective January 1, 2011.)
Last modified: October 25, 2018