Changing Door Locks… Be Careful!
The landlord or the agent may change the door locks when the tenant’s rent is delinquent, but must give written notice by posting it on the front door of the rented premises. In the case of a residential tenancy, the notice must state (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number; (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and (3) the amount of rent and other charges for which the tenant is delinquent. The requirements relating to changing locks on residences may still apply in the case of a space leased for both residential and business purposes, and despite the fact that the occupant has a homestead elsewhere.
In the case of a commercial tenancy, the notice must state the name and address or telephone number of the individual or company where the new key may be obtained. The new key must be provided only during the tenant’s regular business hours, and only if the tenant pays the delinquent rent.
A residential landlord may not intentionally prevent a tenant from entering the leased premises by changing the locks unless the tenant is delinquent in paying all or part of the rent. Additionally, the landlord must give proper notice, locally mailing the notice not later than the fifth calendar day before the locks are changed. The notice may also be hand-delivered to the tenant or posted on the inside of the main entry door of the tenant’s dwelling not later than the third calendar day before the lock changing date. The notice must specify the earliest date that the landlord proposes to change the door locks, the amount of rent the tenant must pay to prevent changing of the door locks, and give the name and street address of the individual to whom, or the location of the on-site management office at which the delinquent rent may be paid during the landlord’s normal business hours.
Furthermore, a landlord may not change the locks on the door of a tenant’s dwelling on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent. A landlord who makes use of the right to change locks must still provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent. If a landlord arrives at the dwelling in a timely manner in response to a tenant’s telephone call, and the tenant is not present to receive the key to the changed lock, the landlord must leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord’s normal office hours.
Frequently Asked Questions
Can a Texas landlord change the locks on a tenant's unit?
Yes, but only in specific circumstances and with proper notice. A landlord may change the locks when the tenant's rent is delinquent, but must follow a detailed notice procedure. Changing locks outside of the permitted circumstances is an illegal lockout and exposes the landlord to significant liability.
What notice must a landlord give before changing the locks?
For residential tenancies, the landlord must mail notice at least five calendar days before the lock change date, or hand-deliver or post the notice on the inside of the main entry door at least three calendar days before. The notice must state the earliest proposed lock change date, the amount of delinquent rent, and where the tenant can pay or obtain the new key.
What must the residential notice include?
The notice must state: (1) an on-site location where the tenant can get the new key 24 hours a day, or a phone number answered 24 hours a day where the tenant can call to have a key delivered within two hours; (2) the fact that the landlord must provide the new key regardless of whether the tenant pays the delinquent rent; and (3) the amount of rent and charges owed.
Does the landlord have to give the tenant the new key even if they do not pay?
Yes. For residential tenancies, the landlord must provide the new key to the tenant at any hour, regardless of whether the tenant pays any of the delinquent rent. This is a hard requirement under Texas law.
What are the rules for commercial tenancies?
For commercial tenancies, the notice must state the name, address, or phone number of where the new key can be obtained. The new key only needs to be provided during the tenant's regular business hours, and only if the tenant pays the delinquent rent.
Can a landlord change locks as a way to force a tenant out?
No. A residential landlord cannot intentionally prevent a tenant from entering by changing locks unless the tenant is delinquent in rent. Using a lock change to force out a non-paying tenant without following the full notice procedure is an illegal lockout.
What if the landlord changes the locks and the tenant is not there to receive the new key?
The landlord must leave a notice on the front door stating the time they arrived with the key and the address where the tenant can obtain the key during normal office hours.
What is the penalty for an illegal lockout?
Texas law provides remedies to tenants who are illegally locked out, including the right to regain entry, actual damages, one month's rent plus $500, attorney's fees, and court costs. Do not change locks without following the full legal procedure.