Guides: Landlord/Tenant Law: <i class="sll-fa-guide-nav fas fa-lock" aria-hidden="true"></i> Lockouts (2024)

A common question from both landlords and tenants is whether a landlord can lock someone out of the rental for not paying rent. The answer is "yes," but onlytemporarily and under very specific conditions. Theycannot permanently lock the tenant out. The landlord must give the tenant a key upon request. Locking a tenant out is not a substitute for the eviction process.

A landlord can only temporarily lock a tenant out of the rental when:

• The lease includes notice of the landlord's right to change the locks;
• The tenant is late paying at least part of their rent;
• The landlord gives the tenant advanced written notice that the locks are going to be changed;
• No one is at home;
• They have not already changed the locks during this rental payment period; and
• The landlord gives the tenant written notice containing a number they can call at any time to have a key delivered whether or not they have paid rent.

Please see the text of Texas Property Code 92.0081 for complete details about when a landlord can change the locks on a tenant.

• Section 92.0081 of the Texas Property Code

  This section details the very specific circ*mstances when a landlord can change the locks on a tenant.

• Lockouts

  The Austin Tenant's Council explains the law about landlord lockouts.

• Landlords Locking Out Tenants

  TexasLawHelp.org provides answers to many common questions related to landlord lockouts.

• What to Do When Your Landlord Locks You Out

  Texas Rio Grande Legal Aid answers many common questions related to landlord lockouts and provides a very helpful form to request re-entry from the court.

If a landlord violates any of the requirementsofSection 92.0081 of the Property Codeabout lockouts, the tenant has the right to do a couple of things:

• To either file a request for a writ of re-entry or a request to terminate the lease with the justice court. A writ of re-entrywill require the landlord to let them back into the rental.
• To sue the landlord for a civil penalty for breaking the law. The court could require the landlord to pay the tenantone month's rent, $1,000, court costs, damages, and attorney's fees. For information on suing for civil penalties in justice court, please see our guide to Small Claims Cases.

• Section 92.009 of the Texas Property Code

  This section allows a tenant to sue their landlord to either let them re-enter the rental or break their lease.

• Tenant Remedies: When Your Landlord Has Locked You Out or Cut Off Your Utilities

  In addition to their Self-Help Information Packet, the Texas Justice Courts Training Center provides this page with many forms a tenant will need to restore their utilities or access to their rental.

Sometimes, a landlord will remove an important item from the rental, like a door or doorknob, to try to get the tenant to pay rent or move out. Under Texas law, alandlord may not remove any of the following items from a rental unless they are fixing or replacing it:

• door
• window
• attic hatchway
• a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway
• any of the following itemssupplied by the landlord:
  • furniture
  • fixtures
  • appliances

• Section 92.0081 of the Texas Property Code

  This section prevents a landlord from removing certain items furnished by the landlord, such as appliances or doors.

• Demand to Restore Fixtures, Appliances, or Other Property Illegally Removed

  A tenant can use this form letter from Texas Tenant Advisor to notify their landlord that an item has been illegally removed from their rental.

• Lawsuit Against Landlord for Removing Landlord's Property

  A tenant can use this sample form from Texas Tenant Advisor to file a lawsuit against their landlord for illegally removing specific items from the rental.