Texas Tenant Advisor

Locked out

Many Texas laws are not tenant friendly. The lockout law is a good example: a landlord is allowed to lock a family out of their home for nonpayment of rent without a hearing, but they are entitled to get the new key whether or not they pay the landlord any money.  Is this just harassment? No, say the landlords. The landlords say they need this law so they can better communicate with the family about the rent.

Many landlords do not bother locking out tenants even when they can because it costs money to change the locks and it usually just makes tenants angry. Phone calls, letters and notices on the door are good enough for most landlords. However, some landlords are willing to use any means they can to get the rent paid, and often violate the rules on lockouts in doing so. Unfortunately, tenants do not know any better. This is why lockouts need to be outlawed completely like in most all other states.

Military Exception: Even the federal government recognizes how unfair the lockout law is. If you are engaged in military service, then a landlord cannot lockout, unless it obtains permission from a court (which is essentially an eviction case).

In general

A landlord may change the door locks or prevent entry when a tenant's rent is not completely paid, in an emergency or for repair, or when the tenant has abandoned the premises.

Right to Lock out must be in written lease

A landlord may not lock out for nonpayment of rent unless the right is listed in a written lease agreement. Section 92.0081(d)(1), Property Code.

Specific written notice must be given before the lockout

If the landlord wants to change the door locks because the tenant is behind on paying all or part of the rent, the landlord must first send a notice stating the earliest date the landlord will change the locks. This notice must be mailed at least five days before the locks are changed. The notice may be hand-delivered only three days beforehand if it is posted to the inside of the main entry door. The notice must also state the amount of the rent the tenant must pay to prevent changing of the locks and the name and address of the person to whom, or the location of the on-site management office at which, the late rent may be paid during normal business hours. The notice must also indicate in underlined or bold print that the tenant has the right to the new key, even if the tenant does not pay the rent owed.  If the landlord does not strictly comply with the notice provisions and proceeds to lockout the tenant -- the tenant has a slam dunk case against the landlord.

Only for rent, not other fees

A landlord should not attempt to use the lockout to get any other fee or charge paid. For example, if a tenant owes late fees from a prior month, some landlords deduct the late fees from the rent money first. Then the landlord claims the tenant is behind on the rent for the current month. While the lease agreement may allow a landlord to do this, the Texas Property Code may not allow a landlord to lock out a tenant in this situation. The lockout law is for rent owed only, and not late fees, and lease provisions that take away tenant rights regarding lockouts are void. Section 92.0081(j), Property Code.

Another notice required when the lockout is completed

If the tenant still does not pay all the rent owed after the landlord properly informs the tenant of his intent to change the locks, the landlord can change the locks. (The landlord should never change the locks with someone in the dwelling.) Afterwards the landlord must post another notice on the front of the tenant's door that gives an on-site location or telephone number where the tenant can go or call 24 hours a day to obtain the new key. The key must be provided within two hours of the request. The notice must also state the amount of rent and other charges for which the tenant is late and that the new key will be provided immediately, regardless of whether or not the tenant pays the landlord any of the money owed. The tenant is entitled to get the new key and be able to come and go from his home as before, and be able to lock his own door behind him.  A landlord is not entitled to lockout a tenant more than once in a rental period (a month in most cases).  Section 92.0081(k)(2), Property Code.

An important limitation on the landlord's right to change the locks when a tenant is delinquent on his rent, is that the locks cannot be changed on a day, or a day immediately before a day, on which the landlord is not available or on which the on-site management office is not open, for the tenant to pay the late rent. These rules apply no matter what any lease agreement might say, and even if the landlord is closing down the premises.

A landlord cannot prevent the tenant from entering a common area of the leased premises, only the tenant's leased unit under these strict circumstances.

To get back in

To get back in, you should contact the manager, management company, or owner for a new key. Hopefully, the correct information was put on the notices left before and after the lockout. Breaking in is usually not a good idea, as you could be viewed as a criminal by a neighbor or the police. But, if you have tried to get the landlord to let you back in without success, getting in without causing much damage might be the only choice you have. Certainly, the landlord should not complain. If necessary you can go to the Justice of the Peace (J.P.) court in your area and request a "writ of reentry," which will order the landlord to provide you with a key to your house or apartment. We have provided the necessary form to help you request a writ of reentry from J.P. court.

Remedies for unlawful lockout

If the landlord changes the door locks without leaving the required notices or without providing a new key, or removes a door or other item improperly, you may terminate the lease or recover possession of the premises. In either case, you may also recover actual damages, two month's rent plus $1,000, reasonable attorney's fees and court costs, less any past due rent owed by the tenant. Section 92.0081(h),(i), Property Code.  We have provided you with a form lawsuit petition to sue the landlord if it won't pay.

Other possible actions

If a landlord is willing to lockout a tenant, then the tenant could face other actions: Eviction, Landlord's Lien, and Utility Problems. If you are behind on your rent, or the landlord is claiming you are behind, you should learn your rights before something happens.  Statutes

Forms

Justice Court Request for Writ of Reentry and Petition for Damages

Justice Court Petition for Damages for Lockout