If your client has experienced family violence or personal violence in their rental home, they have options to change the locks. The process of changing locks in a rental property will depend on whether or not your client is listed on the rental agreement, and the type of lock system at the rental property. In most cases, if your client (or their children) have an intervention order they can change the locks without asking the rental provider for permission.
Tenancy law contains options for renters who experience both family violence or personal violence as defined below.
Family violence is a behaviour by a partner, caregiver, family member or guardian that is:
Personal violence can be carried out by a non-family member and means the following:
Your client can change the locks without asking the rental provider for permission if the locks are not part of a master key system.
A master key system is best described by example: If your client’s back door and front door have different keys but there is a third key (the ‘master key’) that opens them both, this is likely to be a master key system. This is different to having one key that opens multiple doors with the same lock.
If your client (or your client’s children) have an intervention order excluding the person using violence from their home, they can change the locks (including locks that are part of a master key system) without asking the rental provider.
If your client doesn’t have an intervention order, they can still ask the rental provider for permission to change locks that are part of a master key system. The rental provider can’t unreasonably refuse.
If a renter believes that the rental provider has unreasonably refused to consent to changing the locks, they can apply to VCAT to request to change the locks without the rental provider’s consent.
If it’s your client’s home but they’re not on the rental agreement, they can still change the locks if they have an intervention order excluding the person using family or personal violence.
Your client can also change the locks (including locks that are part of a master key system) if your client has an order from VCAT which ends an existing rental agreement with the person using violence and creates a new rental agreement in your client’s name. Read more about removing someone from the lease when there is violence.
Your client will need to give a copy of the new keys to the agent or rental provider, and a copy of the intervention order, if they have one.
A copy of the new keys will also need to be shared with any other renters on the rental agreement, but your client does not need to give a copy of the keys to the person who has been excluded from their home via intervention order, or who has been removed from the lease by a VCAT order.
You can read more about applying for an intervention order.
Will the person using violence get a copy of the new key?
The agent and rental provider cannot give a copy of the new keys to the person using violence if:
Home of Your Own can help you or your client draft a letter that they can use to talk to their rental provider about changing the locks and their safety needs.
Draft a letter using Home of Your Own.
Family violence support services
If your client is eligible, a family violence worker may be able to arrange a lock change, talk to your client’s rental provider about the issue, or help to pay for a locksmith. Read more about financial support options for people experiencing family violence.
Legal services
The following services might be able to provide your client with advice if the rental provider denies any requests to change the locks and your client’s safety is at risk:
Our free self-help tool, Home of Your Own, provides personalised legal information, practical guidance, and templates for Victorian renters who are facing family violence.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.
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