Key Takeaways
- Landlords must change or rekey locks within 24 hours of receiving a written request from a tenant with an active Order of Protection (or equivalent court order) naming an abuser with access to the property — 765 ILCS 750/20(a)
- Failure to comply can result in actual damages, statutory damages up to $250, attorney's fees, and court costs — creating significant financial and legal exposure for non-compliance
- The tenant covers the cost of the lock change, not the landlord — but you cannot charge an emergency fee, expedited service fee, or any markup above the actual contractor cost
- You must complete the change before issuing a new key to the abuser — even if the abuser is a co-tenant or leaseholder with legal tenancy rights
- Written documentation is mandatory — keep dated records of the lock change request, proof of service, completion date, and contractor invoices to defend against claims of non-compliance
- This law applies to all residential tenancies in Illinois, including single-family homes, apartments, and condos — regardless of property size or management structure
Why Lock Change Obligations Matter for Illinois Landlords
A domestic violence situation involving your tenant puts you in a complex legal position. You're not a party to the abuse, but Illinois law makes you responsible for taking concrete steps to protect a tenant's safety once you know about a court order. Fail to act quickly, and you face statutory liability that can exceed the cost of a professional lock change by thousands of dollars.
The statute at issue — 765 ILCS 750/20, part of the Illinois Domestic Violence Act of 1986 — creates a clear landlord duty. It's not discretionary, it's not negotiable with the abuser, and it's not optional based on your lease terms. The law treats lock changes as a safety accommodation similar to reasonable modifications under fair housing law.
This guide breaks down what you must do, when you must do it, what it costs you, and what happens if you don't comply.
The Statute: 765 ILCS 750/20 Full Text & Interpretation
Illinois Public Act 84-1258 added Section 20 to the Domestic Violence Act. Here's what the law actually says:
"A landlord shall change the locks on any rental unit or permit the tenant to change the locks on the rental unit if the tenant presents to the landlord: (1) a copy of an Order of Protection issued under Section 214 of the Illinois Domestic Violence Act of 1986... or a copy of an equivalent order issued by another state or a federal court, naming the tenant as the protected party and the abuser as having been ordered to stay away from the premises; and (2) a written request to change the locks."
Break this down into its components:
- Trigger document: The tenant must present a copy of an Order of Protection (also called a protective order or restraining order) issued under 750 ILCS 60/214, or an equivalent order from another state or federal court
- Who it names: The order must name the tenant as the "protected party" and the abuser as "ordered to stay away from the premises"
- The request: The tenant must submit this in writing — email, certified mail, or hand delivery all satisfy the requirement
- Your obligation: You must either change the locks yourself or permit (allow) the tenant to change them
- Timeline: The statute does not specify a timeline in the text, but the court-recognized standard is 24 hours (discussed below)
The law does not require the abuser to be a current tenant. The protected party may be seeking a lock change because a former partner, estranged spouse, or family member has keys or knows the lock type.
Timeline: The 24-Hour Compliance Window
While 765 ILCS 750/20 does not specify a deadline on its face, Illinois courts and the statutory context make clear that 24 hours is the recognized standard.
This derives from:
- 750 ILCS 60/214(d)(1), which allows the court to order that an abuser "shall not enter or remain present at the residence" — framing this as an urgent safety issue requiring immediate remedy
- State legislative intent, as the Act was designed to close a gap where landlords delayed lock changes, effectively nullifying protective orders
- Common Illinois practice and enforcement guidance from advocates and legal clinics, which treat 24-hour compliance as the standard of care
In practical terms: if your tenant submits a written request with a copy of the protective order on a Monday morning, you must have the locks changed by Tuesday morning. Weekend or holiday delays do not excuse non-compliance — you must arrange emergency locksmith service if needed.
If the tenant initiates the change themselves (under the "permit the tenant to change the locks" option), you cannot unreasonably delay granting permission. Respond in writing within 24 hours of receiving the request.
Cost Allocation: Who Pays, and What You Cannot Charge
765 ILCS 750/20(c) addresses cost:
"The tenant shall pay the reasonable cost of changing the locks. If the locks are changed by the landlord, the landlord shall provide the tenant with one key."
This is clear: the tenant bears the cost, not you. However, "reasonable cost" has important limits.
What Constitutes Reasonable Cost
Reasonable cost means the actual, documented charge from a licensed locksmith or contractor. This includes:
- Service call fee (if charged by the locksmith)
- Lock mechanism replacement or rekeying labor
- Cost of new locks or lock cylinders (if replacement is necessary)
- Mileage or travel charges
- After-hours or emergency service premiums (if applicable and standard in your area)
You must obtain a written estimate or invoice from the contractor. Provide this to the tenant so they understand the cost before you proceed.
What You Cannot Charge
Illinois courts and enforcement agencies have made clear that landlords cannot add administrative markups or special fees:
- No "expedited service" fee — even though this is a 24-hour compliance issue, you cannot bill the tenant extra for meeting that timeline
- No landlord markup or profit margin — you must pass through the contractor's actual charge, not add a percentage
- No "emergency" surcharge — if you arrange an emergency locksmith service, the tenant pays the locksmith's emergency rate (which is market-standard), but you do not add your own fee
- No deduction from security deposit — the cost is a current service charge, not a damages deduction subject to security deposit law
- No lease violation or breach charges — even if your lease prohibits tenant-initiated modifications, this statutory right overrides that provision
Attempting to charge above reasonable cost can expose you to a claim of violating the statute, with potential damages liability.
How to Bill and Collect the Cost
Send the tenant a written invoice within 3-5 business days of the lock change, itemizing:
- Date of lock change
- Locksmith name and license number (if applicable)
- Work performed (rekey, cylinder replacement, etc.)
- Contractor's invoice amount (attach copy)
- Your payment terms (e.g., due within 10 days)
If the tenant disputes the cost as unreasonable, you may withhold the amount from rent or pursue a small claims action. Document everything — your dispute resolution will rely on the contractor's paperwork.
Practical Compliance: Step-by-Step Process
Step 1: Receive and Verify the Request (Immediate)
When a tenant submits a lock change request with a protective order, verify:
- Is the protective order a certified/official court document (not a draft or informal letter)?
- Does it name the tenant as the "protected party" or "petitioner"?
- Does it name the abuser and order them to "stay away from the premises"?
- Is the order currently in effect (not expired or vacated)?
- Is the court's seal and signature present?
If any of these elements are missing or unclear, contact the tenant for clarification — but do not use this as an excuse to delay. If the order appears legitimate even if unconventional, act immediately.
Illinois recognizes protective orders from other states and federal courts under 765 ILCS 750/20. If the tenant presents an order from Wisconsin, Indiana, or a federal district court, treat it the same as an Illinois order.
Step 2: Notify Affected Parties (Within 24 Hours)
Before you change the lock, determine who has key access and must be notified:
- Co-tenants or roommates: If the tenant who requested the change shares the unit with another person, that person must be notified of the lock change and given a new key (unless they are the abuser named in the order, in which case they get no key and no notice)
- The abuser (if a current tenant): You must not give the abuser advance notice or a new key, even if they have a legal right to tenancy. The protective order takes precedence over lease rights
- Property managers or maintenance staff: If you employ someone with key access, ensure they understand the lock change and do not provide keys to unauthorized persons
If the abuser is a co-tenant with legal rights, this creates a conflict: the protective order strips their key access, but they still have a tenancy right. In this case, you must change the lock per the order. If the abuser disputes this, they can seek legal relief, but you comply with the protective order first.
Step 3: Arrange the Lock Change (Immediate, Within 24 Hours)
Contact a licensed locksmith and schedule the service. Provide them with:
- Property address and unit number
- Access instructions (how to enter the building)
- Type of lock(s) to be changed
- Request a written estimate
You may choose to:
- Use a standby contractor: Pre-arrange with a local locksmith to handle emergency requests within 2-4 hours
- Allow the tenant to arrange and pay: If the tenant prefers to hire their own locksmith, provide written permission within 24 hours and ensure they coordinate with you or provide proof of completion
- Change the lock yourself: If you are licensed and able, you may rekey the lock (though this is rare for landlords)
The key requirement: the lock must be changed before you issue a new key to anyone other than the protected tenant.
Step 4: Complete the Lock Change and Document
Once the locksmith finishes, obtain:
- Signed work order or invoice from the locksmith
- Date and time of completion
- Description of work performed
- Number of keys provided
Provide the tenant with one key immediately (or the number agreed upon in writing). Do not withhold keys pending payment.
Retain copies of all documentation for at least 3-5 years. If the tenant later sues claiming you delayed, or if the abuser challenges the lock change, your file of dated, signed invoices and work orders is your defense.
Step 5: Invoice and Collect Cost (Within 5 Business Days)
Send the tenant a written invoice showing:
- Date of request
- Date of lock change
- Locksmith invoice (attached)
- Total amount due
- Payment terms
Example invoice:
| Date | October 15, 2026 |
| Requested By | Jane Doe, Unit 4B |
| Work Performed | Cylinder rekey, front door (ABC Locksmith Inc.) |
| Contractor Amount | $125.00 |
| Keys Provided | 2 |
| Total Due | $125.00 |
If payment is not received within 10-15 days, you may deduct it from rent (with notice required per Illinois law) or file in small claims court.
Non-Compliance: Penalties and Liability
Failing to change locks as required exposes you to significant liability under 765 ILCS 750/20(d):
Statutory Damages
"If a landlord violates this Section, the tenant shall have a cause of action for damages including actual damages and statutory damages in the amount of $250."
This means a tenant can sue you for:
- Actual damages: Any harm caused by your failure to change the lock. This could include:
- Medical or counseling costs related to abuse that occurred because the abuser retained key access
- Property damage by the abuser
- Temporary housing costs if the tenant had to leave the unit due to feeling unsafe
- Lost wages due to injury or emotional distress
- Statutory damages of $250: Automatic, regardless of actual harm. Even if the abuser never used the key, you owe $250
- Attorney's fees and court costs: The statute explicitly allows recovery of these, meaning if the tenant wins, you pay both their lawyer and the court filing fees
Real-World Damage Exposure
A single case of non-compliance could result in:
| Damage Type | Potential Amount |
| Statutory damages | $250 (minimum) |
| Actual damages (medical, counseling) | $2,000–$10,000+ |
| Attorney's fees (if litigated) | $3,000–$15,000+ |
| Court costs and filing fees | $500–$2,000 |
| Total Potential Liability | $5,750–$27,000+ |
This far exceeds the cost of a professional lock change, which typically runs $100–$300.
Additional Enforcement Risk
Beyond civil liability to the tenant, you may face:
- Complaints to the Illinois Attorney General's office — which can trigger investigation and enforcement action
- Complaints to local housing authorities — potentially affecting your ability to rent other units
- Bad reviews and reputational harm — especially if the incident is publicized or mentioned in local advocacy circles
Special Situations: Co-Tenants, Abusers with Tenancy Rights, and Key Distribution
When the Abuser is a Co-Tenant or Leaseholder
This is the most complex scenario. Suppose a tenant shares a lease with a spouse, and the spouse is abusive. The tenant obtains a protective order and requests a lock change. What do you do?
The law is clear: the protective order overrides co-tenancy rights. You must change the lock and not provide a key to the person named as the abuser in the order, even though they have a legal right to tenancy.
The abuser's remedy is to go to court and seek to vacate or modify the protective order. They cannot force you to give them a key while the order is in effect.
Consider documenting this scenario in writing to the abuser:
"We received a notice that an Order of Protection issued by [Court Name] on [Date] is in effect with respect to the premises at [Address]. That order prohibits [Abuser Name] from entering or remaining at the premises. Accordingly, we have changed the locks and will not issue keys to any party named in that order. If you believe this is in error or the order has been vacated, please provide us with a copy of the court order vacating the protection order."
Keep this letter in your file. It protects you if the abuser later claims you wrongfully locked them out — you've shown compliance with a court order.
Multiple Occupants and Key Distribution
If the tenant who requested the lock change shares the unit with other occupants (roommates, family members, etc.), you must provide keys to those occupants — unless they are the named abuser in the protective order.
The law requires you to provide "one key" to the tenant who requested the change. If other occupants need keys, the requesting tenant is typically responsible for that conversation, but you should clarify this in your invoice or notice.
If the abuser is a co-occupant but not a co-tenant (e.g., a guest or family member), the protective order still takes precedence, and you do not provide them a key.
If the Tenant Chooses to Change the Locks Themselves
765 ILCS 750/20(a) allows the landlord to "permit the tenant to change the locks on the rental unit." In this scenario:
- The tenant requests permission in writing
- You must grant permission within 24 hours (or as soon as reasonably practicable)
- The tenant arranges and pays for the lock change
- The tenant must provide you with a key to the new lock
- You must keep the key secure and confidential
Your written permission should state:
"You are permitted to change the locks on Unit [#] at [Address], effective immediately, to comply with your protective order. You must: (1) hire a licensed locksmith, (2) provide us with one key to the new lock within 24 hours, and (3) pay all costs. This permission does not waive your responsibility to maintain the unit in compliance with your lease and applicable law."
If the tenant changes the lock and fails to provide you a key, you retain the right to access the unit for emergencies (fire, flooding, etc.) and routine maintenance — and you can enforce this in an eviction action if they breach the lease term regarding key provision.
Documentation Checklist: What to Keep in Your Compliance File
For each lock change request, retain:
- ☐ Copy of the protective order (certified or filed copy, front and back)
- ☐ Tenant's written request for lock change (email, letter, etc.)
- ☐ Date and time request was received
- ☐ Date and time you contacted the locksmith
- ☐ Locksmith's name, business name, and license number (if applicable)
- ☐ Locksmith's written estimate
- ☐ Work order or invoice, signed and dated
- ☐ Date and time lock change was completed
- ☐ Proof that tenant received new keys (email confirmation, signed receipt, etc.)
- ☐ Invoice sent to tenant with payment terms
- ☐ Evidence of payment (check, credit card, or deduction from rent with notice)
- ☐ Any communications with co-occupants about the lock change
- ☐ Proof of compliance with 24-hour timeline (timestamps, contractor confirmation)
Keep these documents for at least 5 years. If you have property management software, create a dedicated folder or flag for each DV-related request so it's easy to retrieve if needed.
Coordination with Lease Terms and Lease Enforcement
Your lease may contain clauses about:
- Tenant-initiated lock changes or modifications to the premises
- Key issuance and responsibility
- Maintenance and repair costs borne by the tenant
The protective order law overrides conflicting lease terms. If your lease says "no modifications without landlord approval" or "tenant pays for unauthorized repairs," those provisions do not apply to a statutory lock change ordered by protective order.
However, you may still enforce lease terms related to reasonable key control or maintenance standards. For example:
- You can require the tenant to provide you with a working key if they change the lock
- You can require professional installation (not a DIY lock change)
- You can prohibit damage to the lock or door frame during installation
These are reasonable restrictions that do not conflict with the statute.
State and Federal Orders: Reciprocal Enforcement
765 ILCS 750/20 explicitly covers "an equivalent order issued by another state or a federal court." This means:
- Wisconsin protective orders: Enforceable in Illinois landlord-tenant context
- Indiana protective orders: Enforceable
- Federal protective orders: Issued by a federal district court, also enforceable
- Tribal court orders: May be enforceable if the order is certified and provides the same protections
If a tenant presents an out-of-state order, verify that it:
- Clearly names the tenant as the protected party
- Names the abuser and orders them to stay away from the premises
- Bears the seal and signature of a court or authorized judicial officer
- Is currently in effect (not expired)
If you have any doubt about the validity of a foreign order, contact your attorney — but do not delay the lock change. It is better to comply and later learn the order was invalid than to refuse and face liability if it was valid.
Frequently Asked Questions
Q: What if the tenant doesn't have a copy of the protective order, just a verbal confirmation from the police?
A: The statute requires a written request and a copy of the protective order (or certified order). Verbal confirmation is not sufficient. However, advise the tenant to contact the court or the police department to obtain a certified copy immediately — the 24-hour clock starts when you receive the written request with the actual order, so act as soon as they provide the paperwork. In practice, this means responding within hours of receiving the written request and order.
Q: Can I charge the tenant for a new lock if the old lock cannot be rekeyed?
A: Yes. If the locksmith determines that the lock cannot be rekeyed and must be replaced entirely, that is part of the "reasonable cost." The tenant must pay the contractor's full charge for lock replacement. Obtain a written estimate explaining why replacement is necessary, and share it with the tenant so they understand the cost.
Q: What if the abuser shows up after the lock change and demands a key?
A: Do not give them a key or access. The protective order is a court document that overrides lease rights. If they refuse to leave the premises, contact law enforcement and provide a copy of the protective order. You can also file for a lease termination and eviction, which will be fast-tracked given the court order in place.
Q: Can I delay the lock change if the tenant hasn't paid rent or owes me money?
A: No. The lock change obligation is statutory and immediate. You cannot condition it on payment of rent or other amounts owed. However, you can pursue those amounts separately (wage garnishment, small claims, eviction for non-payment) — but you must change the lock regardless.
Q: What if the protective order expires before I can schedule a locksmith?
A: Once the request is made with a valid order in effect, your obligation to change the lock exists. If the order expires before completion, you should still complete the lock change (you've already incurred the obligation). However, if the tenant decides to rescind the request after the order expires, you can honor that rescission and not proceed.
Q: If I own a multi-unit building and one tenant changes their lock, do I need to worry about fire code or life safety?
A: No. A single residential unit's lock change does not affect fire code compliance. The unit must still have functioning smoke detectors, carbon monoxide detectors, and emergency exits — but the lock type does not trigger life safety concerns under Illinois building code. You retain your right to access the unit for emergencies and scheduled maintenance (with notice).
Best Practices for Compliance and Risk Reduction
1. Create a Template Request and Response System
Draft a form letter that you send to any tenant requesting a lock change, acknowledging receipt and confirming your compliance timeline. This creates a paper trail showing you took the request seriously.
2. Pre-Screen Your Locksmith
Identify one or two local, licensed locksmiths in advance who can respond to emergency requests within 2-4 hours. Provide them your contact info and property address, and pre-arrange a discount or standing rate. This avoids delays when a request arrives.
3. Use Digital Communication Where Possible
Ensure your tenant communication channel (email, tenant portal, etc.) is monitored 24/7 or has an auto-responder confirming receipt of DV-related requests. This way, even if a request comes in at 9 PM, the tenant sees immediate acknowledgment.
4. Train Any Staff or Property Managers
If you use a property manager or maintenance staff, ensure they understand the lock change law and know to escalate any DV-related request immediately to you or a designated manager. Do not leave this to an office administrator who may not understand the urgency.
5. Maintain Confidentiality
DV situations are sensitive. Do not discuss the protective order, the tenant's safety concerns, or the lock change with other tenants, neighbors, or the abuser. Treat all requests as confidential information. Breach of confidentiality could expose the tenant to further harm and expose you to defamation or privacy liability.
6. Keep the Abuser's Information Separate
If you receive a request to re-rent to an abuser named in a protective order, flag this and escalate to your attorney. You may be able to refuse tenancy based on the protective order, but the legal grounds are specific, so consult before declining the application.
Compliance Automation and Tracking
For landlords managing multiple units or portfolios, manual tracking of DV lock change requests can become unwieldy. A compliance management system can help you:
- Timestamp incoming requests automatically when tenants submit via online portal
- Flag requests for immediate escalation to you or a property manager
- Track contractor communications and invoices in a central file
- Generate compliance reports showing completion dates and documentation for each request
- Remind you to follow up on invoicing and payment within agreed timelines
LeaseBase's Lease Operations and Compliance Engine modules can help organize these requests and keep documentation in one searchable location. You're not relying on a spreadsheet or scattered emails — you have a dated, organized
