Can my apt manager put a lock on my door even if they haven't filed eviction?
1 attorney answer
Texas Property Code section 92.0081 states in pertinent part:
(b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from:
(1) bona fide repairs, construction, or an emergency;
(2) removing the contents of premises abandoned by a tenant; or
(3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent.
(c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating:
(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.
(d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless:
(1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease;
(2) the tenant is delinquent in paying all or part of the rent; and
(3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or 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 date on which the door locks are changed a written notice stating:
(A) the earliest date that the landlord proposes to change the door locks;
(B) the amount of rent the tenant must pay to prevent changing of the door locks;
(C) 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 discussed or paid during the landlord's normal business hours; and
(D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent.
(e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) 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.
(e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property.
You can review the Texas Property Code, Chapter 92 - Landlord - Tenant Residential Property, at the following web addresses: