Cal. Civ. Code § 26

Change of locks upon request of tenant, co-tenant or household member believed to be under imminent threat of domestic violence, rape, sexual assault or stalking

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/13/2026MassachusettsVAWA & Survivor Protections

Operative Text

Cal. Civ. Code § 26
Section 26. (a) For purposes of this section, the term ''household member'' shall mean a person residing with the tenant or co-tenant as an authorized occupant of the premises, and who is 18 years of age or older or an emancipated minor.

(b) An owner shall, upon the request of a tenant, co-tenant or a household member, change the locks of the individual dwelling unit in which the tenant, co-tenant or household member lives if the tenant, co-tenant or household member reasonably believes that the tenant, co-tenant or household member is under an imminent threat of domestic violence, rape, sexual assault or stalking at the premises. An owner shall have the right to request, in good faith, proof of the status as a victim of domestic violence, rape, sexual assault or stalking, including the name of the perpetrator, if known, as provided in subsection (e) of section 24.

(c) If the threat of domestic violence, rape, sexual assault or stalking is posed by a person who is a tenant, co-tenant or household member, the owner may change the locks and deny a key to the alleged perpetrator upon receipt of a request to change the locks; provided, however, that such request shall be accompanied by: (i) a copy of a valid protective order issued under chapter 209A or chapter 258E issued against a tenant, co-tenant or household member; or (ii) a record from a federal, state or local court or law enforcement, indicating that a tenant, co-tenant or household member thereof poses an imminent threat of domestic violence, rape, sexual assault or stalking.

(d) An owner who has received notice of a request for change of locks under this section shall, within 2 business days, make a good faith effort to change the locks or give the tenant, co-tenant or household member permission to change the locks. If the owner changes the locks, the owner shall make a good faith effort to give a key to the new locks to the tenant, co-tenant or household member requesting the lock change as soon as possible, but within the same 2 business day period. An owner may charge a fee for the expense of changing the locks. The fee shall not exceed the reasonable price customarily charged for changing such locks in that community.

(e) If an owner fails to change the locks after receipt of a request under this section within 2 business days, the tenant, co-tenant or household member may change the locks without the owner's permission. If the rental agreement requires that the owner retain a key to the leased residential premises and if a tenant, co-tenant or household member changes the locks, the tenant, co-tenant or household member shall make a good faith effort to provide a key to the new locks to the owner within 2 business days of the locks being changed. If a tenant, co-tenant or household member changes the locks without the owner's permission, such person shall change the locks in a workmanlike manner with locks of similar or better quality than the original locks. An owner may replace a lock installed by the tenant, co-tenant or household member, or seek reimbursement for additional costs incurred, if the owner believes that the locks were not of equal or better quality or were not installed properly, and such action shall be deemed not to be in retaliation.

(f) If the locks are changed under this section, a tenant, co-tenant or household member shall not voluntarily give the new key to the perpetrator. An owner who refuses to provide a key to any person based on the reasonable belief that such person is the perpetrator of alleged domestic violence, rape, sexual assault or stalking, shall not be liable for such refusal.

(g) An owner who takes action to prevent the tenant, co-tenant or household member who has complied with subsection (b) from changing the locks, or any owner who changes the locks but fails to make a good faith effort to provide a key to the tenant, co-tenant or household member requesting the lock change as provided in subsection (d), shall be liable for actual and consequential damages or 3 months' rent, whichever is greater, and the costs of the action, including reasonable attorneys' fees, all of which may be applied in setoff or recoupment against any claim for rent owed or owing for use and occupancy. Damages shall not be imposed if the court determines that the owner acted in good faith.
Source: Legislative text reproduced verbatim
Plain English

Mass. Gen. Laws c. 186 § 26 establishes a process by which a tenant, co-tenant, or qualifying household member who reasonably believes they face an imminent threat of domestic violence, rape, sexual assault, or stalking can request that their dwelling unit's locks be changed. Once a valid request is made, the owner has two business days to change the locks or authorize the requesting party to do so, and must provide a new key within that same window. When the alleged perpetrator is also a resident, the request must be accompanied by a protective order or an official court or law-enforcement record before the owner may deny that person a key. Owners who obstruct a compliant lock-change request or fail to provide a key in good faith may face liability for actual and consequential damages or three months' rent, whichever is greater, plus attorneys' fees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Under Mass. Gen. Laws c. 186 § 26, compliant property owners and managers generally act on a lock-change request within 2 business days of receiving it — either by changing the locks themselves or by granting written permission for the requesting party to do so — and make a good-faith effort to deliver a new key to the requester within that same period. Owners may request reasonable proof of victim status, including the name of the perpetrator if known, as outlined in the statute. When the alleged perpetrator is a co-resident, owners should ensure the request is accompanied by a qualifying protective order or official law-enforcement record before denying that person a key. Owners who act in good faith throughout this process, including when refusing to provide a key to a suspected perpetrator, are afforded liability protections under § 26.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mass. Gen. Laws c. 186 § 26 gives tenants, co-tenants, and qualifying household members (adults or emancipated minors residing as authorized occupants) the right to request a lock change when they reasonably believe they face an imminent threat of domestic violence, rape, sexual assault, or stalking at the premises. If an owner does not act within 2 business days of receiving the request, the statute permits the requesting party to change the locks independently, following the quality and workmanship standards described in § 26(e). Tenants who believe an owner has wrongfully blocked a lock change or withheld a new key may have grounds to pursue damages — including up to three months' rent and attorneys' fees — and may wish to consult a tenant-rights organization or legal aid provider familiar with § 26 to understand the options available to them.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 29
Owner immunity from liability
§ 1941.5
§ 1941.6

Source Information

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Fetched:Sep 13, 2026, 02:33 PM UTC