Gone are the days when landlords simply rented out an apartment or home to a tenant, handed the new tenant a key, and walked away – that is until repairs were required or rent became due. Governor Newsom signed into law Senate Bill 1051 that will take effect January 1, 2025 and applies to all leases that started on or after January 1, 2011. The new law places additional requirements on landlords who are renting out premises to “victims of domestic abuse,” which now includes more than just the tenant. The term “victim” now includes even those who are not abused but simply live in the same household during the abuse. In other words, if you are landlord and anyone in the premises you have rented is a victim of domestic abuse, these rules apply to you.

Under current California law, landlords are only required to change the locks for a tenant if a landlord is served with a police report or court order. After being served with either, landlords are required to change the locks within 24 hours. In cases where the landlord fails to change the lock, the tenant had the option to change the lock on their own at their own expense. Regardless, the landlord was not penalized for failing to change the locks nor was the landlord obligated to inquire as to the tenant’s personal life.

Pursuant to the new law, which takes effect in 2025, the landlord must pay to change the lock on all exterior doors (or reimburse the tenant who paid to change the lock out of his or her own pocket), which can (in some cases) cost hundreds of dollars. In addition, landlords must change the locks even in cases where the tenant does not provide a police report or court order. This is because the list of acceptable proof has expanded to even include mere “statements” from a “qualified” third party such as domestic violence counselors, human trafficking caseworkers, sexual assault counselors, and health practitioners (social workers, surgeons, psychiatrists, psychologists). A police report is not required, nor is a court order required. Now, a written statement by any one of these aforementioned individuals can trigger the new law and create a duty for the landlord to change all exterior locks.

You may be wondering how landlords will know whether or not a tenant is a victim of domestic violence. After all, most landlords do not have the slightest idea as to the personal lives of their tenants, and many landlords do not live on or near the tenant’s premises. This is exactly the problem. The new law essentially puts these additional, massive burdens on private citizens- especially “mom and pop” landlords. These private citizens who own property and rent them to tenants have lives and may be unavailable for a myriad of reasons such as illness, travel, vacation, and may not even live anywhere near their rental property. However, the penalties to these private citizens are egregious as they can face fines between $100 and $5,000.

In truth, such a law could make rental property more difficult for tenants to procure, whether or not they are victims of domestic violence. Landlords may be more selective as to who they choose as tenants. Landlords may also choose to roll the cost of such potential contingencies into the overall rental cost, which can be as high as a few hundred dollars each time the locks are changed.