FAQ Series: Can I Change The Locks On My Own House?
- Hampton Law Firm ⚖️
- May 18
- 4 min read
Updated: Jul 1
Well....wait just a minute.
Sometimes people ask this question after they have reached the end of their patience.
Maybe a relationship ended. Maybe a family member will not leave. Maybe someone has been staying in the home and the situation has turned stressful, unsafe, or unbearable. When emotions are high, changing the locks can feel like the quickest way to get peace back.
But in Louisiana, the fastest option is not always the safest legal option.
If the person has been living in the home, receiving mail there, keeping belongings there, paying money toward bills, staying there regularly, or otherwise acting like an occupant rather than a temporary visitor, changing the locks can create legal problems. Even if the person does not own the home, is not on the deed, and is not on a written lease, they may still have enough of an occupancy issue that the court process needs to be followed.
Louisiana law generally does not favor “self-help” removals. That means a property owner should be very careful about changing locks, removing belongings, shutting off utilities, or trying to force someone out without proper legal steps. If the person is considered a tenant or occupant, locking them out without a court order may expose the homeowner or landlord to claims for wrongful eviction or damages.
The safer first question is not just, “Can I change the locks?”
The safer question is: **Does this person have any legal right or arguable right to occupy the property?**
If the answer might be yes, you usually need legal guidance before taking action. Depending on the facts, the proper step may be a written notice to vacate, an eviction proceeding, a protective order, or another court filing.
There are also situations where safety changes everything. If there is violence, threats, stalking, abuse, damage to property, or fear for someone’s safety, that should be handled differently and quickly. In that situation, you may need law enforcement, a protective order, or emergency legal help — not just a locksmith.
The bottom line: owning the home does not always mean you can simply lock someone out. Before you change the locks, find out whether you need a court order, a notice to vacate, or another legal remedy.
A lock can be changed in minutes.
A wrongful lockout can create a legal mess that lasts much longer.
Do I Have to Evict Someone From My Home If They Don’t Own It?
This question comes up more often than people think.
Someone lets a boyfriend, girlfriend, adult child, relative, friend, or house guest stay “just for a little while.” At first, it feels like helping. Then weeks or months pass. They move in belongings. They get mail there. They sleep there every night. They may help with bills or they may not. Eventually, the homeowner wants them gone — and the person refuses to leave.
That is when the homeowner usually says, “But they do not own this house. Why would I have to evict them?”
The answer is that ownership and occupancy are not always the same issue.
In Louisiana, a person does not have to own a home to create a legal occupancy problem. If someone has become more than a temporary visitor, the owner may need to follow the legal process to remove them. Louisiana Code of Civil Procedure Article 4702 specifically addresses an “occupant other than a tenant” and requires a written notice to vacate when an owner wants to evict an occupant after the purpose of the occupancy has ended. That notice generally gives the occupant five days from delivery to vacate.
That does not mean every dinner guest, weekend visitor, or short-term house guest has to be evicted. Facts matter. A true trespasser or temporary visitor may be treated differently from someone who has established occupancy.
But if the person has been living there, receiving mail there, storing belongings there, using the address, staying regularly, or refusing to leave after being allowed to live there, law enforcement may tell you it is a civil matter. That usually means the court process is required.
The practical steps may include:
1. documenting that permission to stay has ended;
2. giving proper written notice to vacate;
3. filing the appropriate eviction or removal action if they do not leave;
4. appearing in court; and
5. obtaining the proper order before physical removal.
The key point is this: **you may own the home, but the court may still need to decide possession.**
That can feel frustrating, especially when you were only trying to help someone. But taking shortcuts — changing locks, throwing belongings outside, shutting off utilities, or forcing the person out — can turn your problem into a bigger legal problem.
If someone is in your home and will not leave, do not guess. Get legal advice early, especially before taking action that could be viewed as a self-help eviction.
Helping someone should not mean losing control of your home.
But getting control back usually needs to be done the right way.
Judith L. Hampton
Attorney At Law
Hampton Law Firm
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