Your landlord has entered your apartment without notice three times this month. Last week they walked in while you were getting dressed. The week before, they entered while you weren't home—you only know because your belongings were moved. You've asked them to give proper notice. They ignore you. You feel violated, unsafe, and powerless in your own home.
You're thinking about the one thing that seems like it would immediately solve the problem: changing your locks. If they don't have a key, they can't walk in unannounced anymore. Simple solution, right? You could go to the hardware store today, install a new lock, and finally have privacy and security in your own apartment.
But you hesitate. You think: "Am I allowed to do this? What if changing the locks violates my lease? What if my landlord retaliates by evicting me? Could I get in legal trouble? What are the rules about this? Is there a right way to do it, or should I not do it at all?"
Here's the truth: In New York, you generally should not unilaterally change your locks without following very specific procedures, even when your landlord is repeatedly violating your privacy. However, there are important exceptions for safety emergencies, and there is a legally protected way to change locks if you do it correctly. More importantly, there are often better alternatives that protect your rights without the legal risks that come with changing locks.
Let me show you exactly what New York law says about changing locks, when you can and can't do it legally, what the risks are if you do it wrong, and what safer alternatives you should try first.
What New York Law Says About Landlord Access and Your Locks
Before discussing whether you can change locks, understand the legal framework:
Landlord's Right of Access (With Limitations)
NY law recognizes landlords have limited right to access rental units:
Landlords may enter for:
- Emergencies (fire, flood, gas leak, immediate safety threats)
- Making necessary repairs
- Legally required inspections
- Showing apartment to prospective tenants/buyers (if lease permits)
But this access right is NOT unlimited:
"Reasonable time and reasonable manner" requirement:
- Access must be at reasonable hours (generally daytime, not late night/early morning)
- Must be for legitimate purposes (not surveillance or harassment)
- Should be with reasonable notice (commonly interpreted as 24 hours in NYC)
Your right to quiet enjoyment:
- Lease includes implied covenant of quiet enjoyment
- Right to privacy in your home
- Right to exclude others (including landlord except for legitimate access)
Repeated unauthorized entries violate these rights:
- Entry without proper notice
- Entry for pretextual reasons
- Entry at unreasonable hours
- Pattern of entries that harasses you
What Your Lease Probably Says About Locks
Most NYC leases contain provisions about locks:
Common lease clauses:
- "Tenant shall not change locks without landlord's written permission"
- "Tenant may not install additional locks or security devices without consent"
- "Tenant must provide landlord with keys to any locks installed"
Why landlords include these provisions:
- Maintain access for emergencies
- Prevent being locked out of their own property
- Control who has keys to building
Legal enforceability:
- These lease provisions are generally enforceable
- Violating them can constitute breach of lease
- Can be grounds for eviction (though usually not for first offense if corrected)
But lease provisions have limits:
- Cannot waive your fundamental right to safety
- Cannot authorize illegal entry or harassment
- Cannot override emergency safety needs
When You CANNOT Change Locks (Legal Risks)
Situations where changing locks creates serious legal problems:
Risk 1: Violating Your Lease
If your lease prohibits changing locks without permission:
Changing locks anyway means:
- You're in breach of lease
- Landlord can claim lease violation
- Potential grounds for eviction (though usually landlord must give opportunity to cure first)
- Weakens your legal position in disputes
Landlord's likely response:
- Demand you restore original locks immediately
- Claim you're preventing lawful access
- File eviction for lease violation
- Use this as justification for non-renewal
Why this matters:
- Even if landlord's entries were improper, your lease violation gives them legal ammunition
- Courts may view both parties as "in the wrong"
- Your legitimate grievance about unauthorized entry gets obscured by your lease violation
Risk 2: Being Accused of Preventing Lawful Access
If you change locks and don't give landlord new key:
Landlord will argue:
- You're preventing emergency access
- You're blocking necessary repairs
- You're engaging in "self-help" (illegal in landlord-tenant law)
- You're essentially "locking out" landlord from their own property
Legal problem:
- NY courts strongly disfavor "self-help" remedies
- Just as landlords can't change your locks to force you out (illegal lockout)
- You generally can't change locks to completely exclude landlord
- Proper remedy is through courts (seeking order limiting entry), not self-help
Example of how this backfires:
- You change locks without giving landlord key
- Pipe bursts in your apartment causing flooding
- Landlord can't access to stop flood
- Damage to your apartment and downstairs units
- Landlord sues you for damages caused by your preventing access
- Your legitimate complaint about privacy violations is overshadowed
Risk 3: Retaliation Risks
Even if changing locks isn't technically illegal, landlord may retaliate:
Potential retaliation:
- Refusing to renew lease
- Massive rent increase
- Sudden "discovery" of lease violations
- Eviction proceedings
- Making your life difficult in other ways
Your retaliation defense is weaker:
- If you violated lease by changing locks without permission
- Landlord has "legitimate" reason for adverse action (your lease violation)
- Harder to prove non-renewal/eviction is retaliation rather than response to lease breach
Risk 4: Creating Escalation Instead of Resolution
Changing locks often escalates conflict:
Landlord's likely response:
- Anger at being "locked out"
- More aggressive behavior
- Legal action against you
- Relationship deteriorates further
Instead of solving problem:
- You still have to live there
- Landlord still owns building
- Conflict intensifies
- May make eventual resolution harder
When You CAN Change Locks (Legal Exceptions)
Situations where changing locks is legally protected:
Exception 1: Immediate Safety Emergency
NY courts and housing resources recognize:
If your safety is immediately endangered, you may change locks as emergency safety measure
What qualifies as immediate safety threat:
- Domestic violence situation (abuser has key or access)
- Stalking (person threatening you has been able to access apartment)
- Credible threats to your physical safety
- Landlord's behavior has become threatening or violent
- Pattern of late-night entries that feel predatory
What doesn't qualify:
- Annoying but non-threatening unauthorized entries
- Privacy violations that aren't safety threats
- Harassment that's stressful but not dangerous
If you change locks for safety emergency:
You MUST:
- Change lock immediately to address safety threat
- Notify landlord in writing promptly (same day or next day)
- Provide landlord with working key to new lock
- Document safety threat (police reports, order of protection, evidence of stalking/threats)
- Pursue legal remedies simultaneously (order of protection, report to authorities)
Why you still must provide key:
- Landlord needs emergency access (fire, flood, etc.)
- Doesn't eliminate landlord's legitimate access rights
- But creates record that you changed locks for safety
- Puts landlord on notice about safety threat
Example of proper safety-based lock change:
Situation: Tenant has order of protection against ex-partner. Ex had visited apartment before (when you were together). Landlord's master key could potentially allow ex to convince super to let them in.
Proper procedure:
- Change locks immediately
- Email landlord: "I have changed my locks due to safety concerns related to my order of protection against [ex's name]. I am providing you with a key to the new lock, attached to this email [if emailing] / available for pickup [if in person]. This is necessary for my safety, but you retain access for emergencies."
- Provide key promptly
- Keep copy of order of protection
- Document everything
This is legally defensible:
- Immediate safety threat justified emergency action
- You provided landlord with key (maintaining their lawful access)
- You documented safety basis
- Courts are sympathetic to domestic violence/stalking victims
Exception 2: Landlord Consents
If landlord agrees in writing that you can change locks:
Get written permission:
- Email or letter from landlord approving lock change
- Save this documentation
Follow any conditions:
- If landlord requires you provide key, do so
- If they specify which locksmith to use, comply
- If they require certain type of lock, follow instructions
Why written consent matters:
- Eliminates lease violation argument
- Landlord cannot later claim you breached lease
- Protects you legally
When landlord might consent:
- If you explain safety concerns
- If you offer to provide key
- If you frame as improving security (benefits them too)
- If they're reasonable and understand your concerns
Exception 3: Changing Locks with Proper Procedure
Even without explicit consent, you may be able to change locks if you:
Follow this careful procedure:
Step 1: Send written notice to landlord: "I am changing my apartment lock due to [safety concerns / repeated unauthorized entries violating my privacy rights]. I will provide you with a key to the new lock immediately upon installation. This does not affect your lawful right to access the apartment with proper notice for repairs, emergencies, or legally required purposes."
Step 2: Change lock
Step 3: Immediately provide landlord with key
- Hand-deliver with receipt
- Send via certified mail with tracking
- Email to arrange pickup
- Document that you provided key
Step 4: Keep records:
- Copy of notice to landlord
- Proof of providing key
- Reason for lock change
- Documentation of unauthorized entries that prompted change
Why this procedure is safer:
- You notified landlord (not secret)
- You provided key (preserved their lawful access)
- You documented reason (unauthorized entries)
- You acted transparently
Legal analysis:
- You haven't completely excluded landlord (gave them key)
- You've addressed safety/privacy concern
- You've maintained their emergency access
- Harder for landlord to claim you violated lease in bad faith
Risk remains:
- Landlord may still claim lease violation
- May still try to use this against you
- But your defense is stronger if you followed procedure
Safer Alternatives to Try BEFORE Changing Locks
More effective strategies that don't carry legal risks:
Alternative 1: Set Clear Written Boundaries
Send formal letter establishing entry requirements:
Template already provided in previous article, but key points:
- State you require 24-hour written notice for non-emergency entry
- Specify acceptable hours (9am-6pm weekdays)
- Define what constitutes legitimate emergency
- Request all future entry comply with proper procedures
Why this is better than changing locks:
- Creates legal record you set boundaries
- Makes future unauthorized entries clearly illegal
- Strengthens harassment claim
- No risk of lease violation
- Professional approach courts respect
Often effective:
- Many landlords comply once boundaries are clearly stated in writing
- Signals you know your rights
- Threat of legal action (implied) often deters
Alternative 2: Document Pattern and Report to Authorities
Build evidence of harassment:
Document every unauthorized entry:
- Date, time, notice given (or not), stated reason, actual activity
- Pattern over time
- Impact on you
Report to HPD (NYC):
- Call 311: "I want to report tenant harassment - repeated unauthorized entries"
- File complaint documenting pattern
- Creates official record
Why this is better:
- Official complaint pressures landlord
- Creates government record of harassment
- Strengthens legal case
- May result in HPD contacting landlord
- No legal risk to you
Alternative 3: Get Legal Help to Send Cease and Desist
Contact legal services:
- Legal Aid, Legal Services NYC, tenant organizations
Lawyer sends formal cease and desist letter:
- On law firm letterhead
- Cites harassment and trespass law
- Demands landlord cease unauthorized entries
- Warns of legal action if pattern continues
Why this is better than changing locks:
- Lawyers' letters are taken seriously
- Legal weight without court process
- Often very effective in stopping harassment
- Creates formal record
- No risk to you
Usually free:
- Legal services organizations provide this for free to income-eligible tenants
Alternative 4: File HP Harassment Case
Seek court order prohibiting unauthorized entries:
File Housing Part (HP) harassment proceeding:
- Court case where you ask judge to order landlord to stop harassment
- Present evidence of unauthorized entry pattern
- Seek order specifying proper entry procedures
What court can order:
- Landlord must give 24-hour written notice for all non-emergency entry
- Landlord must limit entry to specific legitimate purposes
- Landlord must respect reasonable hours
- Civil penalties if landlord violates order
- Contempt if landlord violates court order
Why this is better:
- Court order has force of law
- Violating court order = contempt (serious consequences)
- Solves problem without you risking lease violation
- Creates strong legal protection
- Establishes your rights formally
Alternative 5: Install Additional Security (Doesn't Replace Lock)
Options that don't violate lease:
Door chain or security bar:
- Installed on inside of door
- Provides security when you're home
- Doesn't prevent landlord access when you're not home (so not technically changing locks or preventing access)
- Usually not prohibited by leases
Video doorbell or camera:
- Records who enters and when
- Creates evidence of unauthorized entries
- Deters some landlords (know they're being recorded)
- Doesn't prevent access
Why these are safer:
- Don't violate lease provisions about locks
- Improve your security
- Create evidence
- No legal risk
Limitations:
- Don't prevent unauthorized entry when you're not home
- Only partial solution
- But can be combined with legal action for complete solution
If You DO Decide to Change Locks: How to Do It Correctly
If you determine changing locks is necessary despite risks:
Step 1: Document Why Change Is Necessary
Before changing locks, create written record:
Evidence of unauthorized entries:
- Your entry log showing pattern
- Frequency and lack of notice
- Pretextual reasons
- Impact on your safety/privacy
Evidence you tried other solutions:
- Your boundary-setting letter
- HPD complaint (if filed)
- Requests to landlord to stop unauthorized entries
- Landlord's refusal or ignoring of your requests
Safety concerns if applicable:
- Police reports
- Order of protection
- Evidence of threats
- Documentation of why you feel unsafe
Why this matters:
- If landlord challenges lock change, you have record of justification
- Shows you acted reasonably in response to serious problem
- Demonstrates you tried other solutions first
- Strengthens your legal position
Step 2: Notify Landlord in Writing
Before or immediately after changing lock, send written notice:
Template:
"[Date]
Dear [Landlord],
I am writing to notify you that I have changed the lock on my apartment door at [address].
Reason for Lock Change:
This action is necessary due to [select appropriate]:
- Your repeated unauthorized entries to my apartment without proper notice [list dates of recent unauthorized entries]
- Safety concerns requiring enhanced security
- [Other specific, documented reason]
I have attempted to address this issue through [boundary-setting letter dated X, conversation on Y, etc.], but unauthorized entries have continued.
Access Preserved:
I am providing you with a key to the new lock [attached to this letter / available for pickup at your office / being sent via certified mail]. You retain the right to access my apartment for:
- Genuine emergencies requiring immediate action
- Necessary repairs with proper 24-hour advance written notice
- Legally required inspections with proper notice
Proper Entry Procedures:
I expect that all future non-emergency entries will comply with proper procedures:
- At least 24 hours advance written notice
- Stating specific date, time, and legitimate purpose
- During reasonable daytime hours
I continue to document all communications and entry attempts.
Please contact me if you have questions about this matter.
[Your Name]"
Why this notice is critical:
- Creates record that lock change wasn't secret
- Explains justification
- Confirms you're providing key (maintaining landlord's lawful access)
- Reiterates proper entry procedures
- Professional and measured tone
Step 3: Provide Key Immediately
Critical: You MUST provide landlord with key to new lock
How to provide key:
Best: Hand-deliver with receipt:
- Deliver key in person to landlord or office
- Get signed receipt acknowledging receipt of key
- Keep copy for your records
Second best: Certified mail:
- Send key via certified mail, return receipt requested
- Tracking shows delivery
- Receipt proves landlord received key
Document delivery:
- Date you provided key
- Method of delivery
- Proof of receipt
- Keep all records
Why providing key is essential:
Legal requirement:
- Landlord must maintain access for emergencies
- Fire safety: firefighters may need landlord access in emergency
- Maintenance: landlord has duty to maintain property
Your protection:
- Shows you didn't completely exclude landlord
- Maintained their lawful access rights
- Acting reasonably, not vindictively
- Harder for landlord to claim you "locked them out"
If you don't provide key:
- Landlord has strong lease violation claim
- Could face eviction
- Liable if emergency access is needed and prevented
- Looks bad to courts
Step 4: Keep Meticulous Records
Save everything:
- Copy of notice to landlord about lock change
- Receipt/proof you provided key
- Your entry log showing unauthorized entries that prompted change
- Your boundary-setting letter (showing you tried other solutions)
- Any response from landlord
Why records matter:
- If landlord challenges lock change, you have evidence of justification
- If landlord retaliates, you have timeline showing lock change was in response to their harassment
- Protects you in any legal proceeding
Step 5: Continue Pursuing Legal Remedies
Changing locks should not be your only action:
Simultaneously:
- File or continue HPD harassment complaint
- Work with lawyer on harassment case
- Seek court order regarding proper entry procedures
- Document any retaliation
Why:
- Changing locks addresses symptom (can't enter easily)
- Doesn't address root problem (landlord's harassment)
- Legal action creates enforceable protection
- Court order has weight lock change doesn't
What to Expect If You Change Locks
Realistic outcomes:
Best Case Scenario
Landlord accepts lock change:
- Respects your new lock
- Begins giving proper notice for entry
- Harassment stops
- Problem solved
Why this might happen:
- Landlord realizes you're serious about boundaries
- Threat of legal consequences deters
- Landlord doesn't want hassle of legal fight
- Lock change + proper procedure = landlord complies
Middle Scenario
Landlord complains but doesn't escalate:
- Expresses displeasure
- Demands you followed proper procedure
- But doesn't take legal action
- May or may not change behavior about unauthorized entry
Your response:
- Confirm you provided key
- Reiterate reasons for change
- Continue documenting
- Pursue legal action if unauthorized entries continue
Worst Case Scenario
Landlord retaliates:
- Claims lease violation
- Threatens eviction
- Files eviction case
- Refuses to renew lease
- Other harassment escalates
Your defense:
Retaliation claim:
- You changed locks in response to landlord's harassment
- Landlord is retaliating for you asserting rights
- Timeline proves retaliatory motive
- RPL § 223-b protects tenants who assert rights
Necessity defense:
- Lock change was necessary response to ongoing harassment
- You tried other solutions first
- You followed proper procedure (notified landlord, provided key)
- Landlord's unauthorized entries were serious violation
Counterclaim:
- If landlord files eviction, you file harassment counterclaim
- Document landlord's unauthorized entry pattern
- Seek damages for harassment and trespass
Get lawyer immediately:
- If landlord retaliates, get legal help
- Legal services can defend against retaliatory eviction
- Can assert your rights effectively
The Truth About Changing Locks
Here's what you need to know:
Changing locks is legally risky and usually not the best first solution. Even when landlord is harassing you with unauthorized entries, changing locks creates legal vulnerabilities.
If you do change locks, you must do it correctly:
- Notify landlord
- Provide key
- Document justification
- Follow procedure
Never change locks without providing landlord a key. This creates serious legal problems and emergency safety issues.
Safer alternatives usually work better:
- Written boundaries
- Documentation and reporting
- Legal action (cease and desist, court order)
- These solve problem without legal risk
There are legitimate situations where changing locks is justified:
- Immediate safety emergency
- After following proper procedure
- When combined with legal action
Free legal help is available. Before changing locks, consult with legal services about best strategy for your situation.
The goal is stopping unauthorized entries, not just making yourself feel better. Legal remedies (court orders, harassment complaints) are more effective and less risky than lock changes.
If landlord keeps entering without permission:
Better approach:
- Set written boundaries
- Document every entry
- Report to HPD
- Get lawyer to send cease and desist
- File harassment case if needed
- Consider lock change only if above steps fail AND you follow proper procedure
Protect yourself legally while asserting your rights. Get legal help. Use available remedies. Change locks only as last resort with proper procedure.
Find out if you have a case in 30 seconds →