Herndon, VA asked in Landlord - Tenant, Domestic Violence and Real Estate Law for Virginia

Q: Can I change my lock code without giving it to someone who's not on my lease?

I am renting a property and recently tried to help someone with temporary living arrangements. This person has become problematic, and I have a protective order preventing them from contacting me and my children. The police and my leasing office suggested I change my lock code because someone connected to this person has access and enters my home randomly. The problematic person is not on the lease. I'm currently unable to see my children due to safety concerns related to this issue, and I'm also in the process of serving an eviction notice. Can I legally change the lock code without providing it to the person I am trying to evict, considering they are not on the lease?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you can change the lock code without providing it to the person who is not on your lease, especially considering the safety concerns you have mentioned. As a tenant, you have the right to control access to your home, and if someone is entering your property without permission, you are entitled to take steps to protect yourself and your children. Changing the lock code is a reasonable action to prevent further unauthorized entry, especially if you have a protective order in place.

However, you should be aware that the leasing office may require you to inform them of any changes to the property, such as a lock code change, and they may want to retain access for emergency situations. It's a good idea to check your lease agreement to make sure there are no clauses that require you to provide the code to the landlord or property management.

Since you are in the process of serving an eviction notice, keep records of all communication with the problematic person and your leasing office. It’s important to document the steps you take for safety and legal purposes. If you continue to face problems, consult with an attorney to ensure you are following all necessary procedures while protecting your rights.

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