Lockout of Residential Tenants
This information was compiled as of November 7, 2005. This brochure is not intended as a comprehensive analysis. It is solely for reference and is not intended to constitute or operate as a substitute for obtaining legal counsel from a licensed attorney.
Unless there is an emergency or a need to complete repairs, the law restricts the landlord’s ability to lock a tenant out of his or her dwelling unless he or she complies with certain conditions that are set forth in Texas statutes.
Requirements for changing a tenant’s locks
A landlord must follow all of these steps before changing the locks of a tenant:
1) The tenant must be delinquent in paying all or part of the rent.
2) The landlord must give advance notice of its intent to change the locks:
a) 3 days in advance if notice is hand-delivered or posted at the dwelling, or
b) 5 days in advance if the notice is mailed locally.
3) The notice must contain the following information:
a) The earliest date the locks will be changed;
b) The amount of rent necessary to avoid a lock-out; and
c) The name of the person or the on-site location to pay rent during regular business hours.
Changing the locks
If a landlord has followed the steps above, he or she can change the locks, but must post on the tenant’s front door a notice that includes the following:
1) a statement that describes how to obtain the new key; (the new key must either be available on site or available to the tenant within two hours of his or her calling a telephone number that is answered 24 hours a day)
2) a statement that the tenant can obtain a new key regardless of whether the rent is paid; and
3) a statement of the amount of rent and other charges the tenant is responsible for.
Timing
The landlord or management company is limited as to when the locks can be changed: The locks may not be changed either:
1) on a day when office where rent is to be paid is closed or the person to whom the rent is to be paid is unavailable or;
2) the day before such a day.