Yes, a tenant can change the locks in Maryland, but typically only under specific circumstances, primarily when a landlord has illegally locked them out of the rental property.
In Maryland, state law provides tenants with specific protections against unlawful landlord actions, including illegal lockouts.
Understanding Tenant Rights Regarding Locks
While a tenant generally cannot change locks without a landlord's permission just because they wish to, there is a critical exception related to landlord misconduct.
Illegal Lockouts by Landlords
Maryland law strictly prohibits landlords from taking possession of the premises or a tenant's personal property without following legal procedures. This means a landlord cannot simply change the locks to exclude a tenant, even if the tenant is behind on rent. Such an action is considered an illegal lockout.
If an illegal lockout occurs, the tenant has clear rights:
- Right to Re-entry: The tenant has the right to re-enter the premises.
- Hiring a Locksmith: They can hire a locksmith to gain access.
- Changing the Locks: The tenant is permitted to change the locks to prevent further illegal access by the landlord.
- Cost Recovery: The tenant can hold the landlord responsible for all costs involved, including locksmith fees and the expense of changing the locks.
This provision serves as a strong deterrent against landlords resorting to self-help eviction measures rather than pursuing legal channels like an eviction lawsuit.
General Scenarios and Best Practices
In scenarios other than an illegal lockout, it's generally advisable for a tenant to communicate with their landlord before making any changes to the property, including locks.
| Scenario | Tenant Action | Notes |
|---|---|---|
| Illegal Landlord Lockout | Change locks immediately, hold landlord responsible for costs. | This is the primary situation where a tenant can legally change locks. |
| Desire for Increased Security | Request landlord to install new locks or consider alarm systems. | Landlords are generally responsible for maintaining a safe and secure property. Discuss concerns with them. |
| Roommate Moving Out | Consult landlord about changing locks. | Changing locks might be a lease violation. Landlords typically prefer to maintain key control for maintenance access. |
| Domestic Violence Situation | Seek legal counsel immediately; specific state laws may allow for lock changes. | Maryland law may provide specific protections in these cases, often requiring court orders or police involvement. |
Important Considerations for Tenants:
- Lease Agreement: Always review your lease agreement. Many leases have clauses prohibiting tenants from altering locks without landlord permission. However, an illegal lockout typically overrides such clauses due to state law.
- Providing Keys: If you change locks due to an illegal lockout, you are generally not required to provide the landlord with a new key immediately, as they violated the terms of the tenancy. However, it's wise to consult with an attorney to understand your full obligations, especially once the dispute is resolved or if access is needed for emergencies.
- Documentation: In any dispute involving locks or access, document everything: dates, times, communications, receipts for locksmith services, and photographic evidence.
In summary, while changing locks is not a general right a tenant can exercise at will in Maryland, it becomes a legal and protected right when a landlord engages in an illegal lockout, empowering the tenant to regain access and secure their home.
