In the rental process, security and privacy are often top concerns for tenants. Many tenants, upon moving into a new place, worry whether the previous tenant has kept spare keys or if the landlord might hold a copy and enter without permission. This raises the common question: “Can tenants change the locks themselves?”
Legal Basis
Article 241 of the Civil Code states:
A lease is a contract where one party agrees to let another use and benefit from an object in exchange for rent.
In simple terms, the landlord originally holds both ownership and the rights of use and benefit. But once the lease contract is established, these rights of use transfer to the tenant.
This means that, in principle, tenants have the right to replace the locks without giving a copy of the key to the landlord. However, Article 455 of the Civil Code also stipulates that tenants have a duty to “restore the original condition.” This means when moving out, tenants must either reinstall the original lock or hand over all keys to the newly installed lock to the landlord.
Why Tenants Want to Change Locks
- Previous Tenants
It’s impossible to know if the previous tenant made extra copies of the keys or whether all of them were returned to the landlord.
- Concerns About the Landlord
Some tenants worry that the landlord may keep a spare key and enter without permission.
For these reasons, many tenants feel motivated to replace the locks to protect their privacy and safety.
Precautions When Changing Locks
- Keep the Old Lock
The original lock belongs to the landlord. Tenants cannot discard it. Upon move-out, the tenant must reinstall it or hand over the new lock and keys.
- Inform the Landlord in Advance
Although tenants have the right to change locks, notifying the landlord beforehand shows respect and helps prevent misunderstandings or disputes.
- Be Careful During Installation
Changing locks should not damage the door or wall. Otherwise, the landlord may demand compensation.
- Follow Contract Terms
If the lease contract explicitly prohibits changing locks or requires landlord consent, the tenant must comply; otherwise, it may be considered a breach of contract.
Common Scenarios
1. Tenant Loses the Keys
If a tenant loses their keys and the landlord does not have a spare, the tenant must replace the lock at their own expense. At move-out, the new lock and keys must be handed over. If not replaced and the landlord cannot restore the property, the security deposit may be deducted.
2. Not Wanting to Keep the Old Lock
Some tenants find keeping the old lock troublesome. In such cases, they can negotiate with the landlord to return the property with the new lock instead. Once both parties agree, the tenant is no longer responsible for storing or reinstalling the old lock.
🧟 Related Read: What’s the Difference Between a Security Deposit and a Reservation Deposit in Taiwan?
🩸 Related Read: Is There a Cap on Security Deposits in Taiwan?
Conclusion
During the lease term, tenants have the right to change locks to protect privacy and safety. But they must follow these three principles:
- Notify the landlord in advance – to avoid disputes or misunderstandings.
- Keep the old lock or return the new one – fulfilling the “restore original condition” obligation under Article 455.
- Comply with the lease contract – if there are restrictions, they must be followed.
In short, tenants are allowed to change locks, but they should do so with respect, transparency, and strict adherence to the lease agreement. On the other hand, if landlords wish to restrict tenants from freely replacing locks or require prior consent, this must be clearly stated in the rental contract to avoid future misunderstandings or disputes.
