What to do you do if your landlord locks you out?
In Texas, a landlord can only lock you out in limited cases, usually to prompt communication over unpaid rent, but you can always request a key to re-enter. Generally, a lockout may occur if the following conditions are met:
- Your lease has a clause pertaining to the landlord’s recourse to do a lockout
- You must be past-due on rent.
- Your landlord provides you advance written notice prior to the lockout
- You do not have to pay any money to regain entry into your rental unit
- Your landlord must provide you a key upon request
A lockout is not an eviction; removal from the property requires an eviction hearing and a writ of possession executed by either the constable or sheriff. Unauthorized lockouts are generally unlawful under Texas Property Code § 92.0081, which mandates a strict legal process for landlords. If you have been locked out of your rental unit, here’s what you can do if this happens:
Immediate Steps to Take
- Request Immediate Re-entry from your Landlord: If the lockout is unlawful, ask the landlord or apartment for immediate re-entry to the apartment by requesting the key. In Texas, you have a legal right to regain access to your home. Your landlord may be required to provide you with a new key immediately, even if you owe back rent.
- Contact Local Law Enforcement: If the landlord refuses to let you back in, contacting local law enforcement can be an effective step, as unlawful lockouts are a breach of Texas tenant rights. Ensure you retain the incident report for your records.
- File for a Writ of Re-Entry: Texas law allows tenants to seek a Writ of Re-entry from a Justice of the Peace (JP) court if a landlord has unlawfully locked them out. You can go to the JP court in the precinct where your property is located, complete the necessary legal paperwork, and explain your situation. A writ of Re-Entry directs the landlord to provide you access immediately.
- Document Everything: Keep records of your communications with the landlord, any written notices, and any photos of posted lockout notices or other evidence.
For additional information or immediate assistance, please speak with one of our advisors at: (713) 322-4799.
You May Be Entitled To Damages as a
Result of an Unlawful Lockout
If your landlord unlawfully locks you out of your apartment in Texas, you may be entitled to specific damages under Texas law. Here’s a breakdown of the types of damages and penalties you could potentially recover:
1. Possession of the Apartment
- Immediate Re-entry: A Justice of the Peace (JP) court can issue a Writ of Re-Entry to immediately restore your access to your apartment. This does not involve monetary compensation but grants you legal access to your residence again.
2. Monetary Damages
You may be entitled to recover any financial losses you suffered because of the lockout. This includes:
- Temporary Housing Costs: If you had to stay in a hotel or other accommodation due to the lockout, you may be able to recover these expenses.
- Lost Wages: If the lockout caused you to miss work or lose income, you may claim this as part of your actual damages.
- Statutory Penalties: Under Texas Property Code § 92.0081, if a court determines that the lockout was unlawful, you may be entitled to an additional statutory penalty of one Month's Rent Plus $1,000. This is a set penalty designed to deter landlords from illegally locking out tenants.
3. Court Costs and Attorney’s Fees
If you take the matter to court and prevail, you may also be entitled to recover reasonable court costs and attorney’s fees, if applicable. This can cover filing fees, legal representation, and other costs associated with pursuing the case.
