Last updated: 5/12/2020

What to Do When Your Landlord Locks You Out, Including Court Form to Demand Re-Entry

Self-help evictions are not allowed in Texas. This means landlords must follow a legal process to remove tenants. Evictions begin with a notice, followed by a lawsuit in Justice Court, a hearing, an appeal to county court if necessary, and finally, a writ of possession (order to remove the tenant) if the tenant has not moved out. There are some situations where a landlord can change your locks, but even so must always give you a key.

Note on the Coronavirus (COVID-19):

On March 19, 2020, the Texas Supreme Court paused all eviction proceedings until April 19, 2020, and the execution of writs of possession until April 26, 2020, except for cases involving a threat of physical harm or criminal activity. In those cases, the landlord must file a sworn complaint, and the eviction case can go forward if the court determines that the actions of the tenant, guest, or household member pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff's employees, or other tenants, or (ii) criminal activity.

Some courts have ordered a longer pause for eviction cases, so you should check with your local Justice Court.

You are still obligated to pay rent and follow your lease requirements. While court delays may slow the process, you can still be evicted for not paying rent. However, your landlord still cannot illegally change your lock or remove you from your unit without going through the court process. Although many courts are not holding most hearings during this time due to the coronavirus, a Request for Writ of Re-Entry is one type of hearings that courts will likely hear.

These instructions do not give legal advice and are not a substitute for the advice of a lawyer.

Self-help evictions are not allowed in Texas. This means landlords must follow a legal process to remove tenants. Evictions begin with a notice, followed by a lawsuit in Justice Court, a hearing, an appeal to county court if necessary, and finally, a writ of possession (order to remove the tenant) if the tenant has not moved out. There are some situations where a landlord can change your locks, but even so must always give you a key. 

Note on the coronavirus (COVID-19):

The Texas Supreme Court has paused all eviction proceedings until after April 30, 2020, and the execution of writs of possession until after May 7, 2020, except for cases involving a threat of physical harm or criminal activity. In those cases, the landlord must file a sworn complaint, and the eviction case can go forward if the court determines that the actions of the tenant, guest, or household member pose an imminent threat of (i) physical harm to the plaintiff, the plaintiff's employees, or other tenants, or (ii) criminal activity.  

Some courts have ordered a longer pause for eviction cases, so you should check with your local Justice Court.

You are still obligated to pay rent and follow your lease requirements. While court delays may slow the process, you can still be evicted for not paying rent. However, your landlord still cannot illegally change your lock or remove you from your unit without going through the court process. Although many courts are not holding most hearings during this time due to the coronavirus, a Request for Writ of Re-Entry is one type of hearings that courts will likely hear.

Frequently Asked Questions (FAQs) about Lockouts:

1. Can my landlord lock me out or prevent me from entering my property?

Yes, but only in three limited situations:

  1. You owe rent—if your lease allows it and your landlord follows very strict notice requirements (explained below), your landlord may be able to lock you out of your property, but your landlord must always give you a key and access to your property upon request; 

  2. Your landlord needs to do repairs or construction, or there is an emergency; or

  3. You have abandoned the property.

2. Can my landlord lock me out for owing rent if my lease does not allow it?

No. A landlord can change locks for failure to pay rent only if the lease says they can.  Also, the landlord still has to give you a key so you can get back in.

3. Can my landlord remove the doors or refrigerator from the property to get me to leave? 

No. Unless the landlord removes the item for needed repairs or replacement, your landlord cannot remove: 1) a door, window, attic hatchway cover, or a lock, latch, hinge, hinge pin, doorknob, or other mechanism attached to any of them; or 2) furniture, fixtures, or appliances furnished by the landlord.

4. Does my landlord have to give me notice BEFORE changing my locks for not paying rent? 

Yes.  Your landlord must locally mail you a notice at least five days before changing your locks, or your landlord must hand-deliver a notice or post a notice on the inside of your front door at least three days before changing your locks. 

That notice must state:

  • In underlined or bold print, that you have the right to receive a key to the new lock at any hour, regardless of whether you pay the rent you owe;

The notice must also state:

  • The earliest date the landlord proposes to change the locks;

  • The amount of rent you must pay to stop the landlord from changing the locks; and

  • 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.

5. Does my landlord have to give me notice AFTER the locks are changed?

Yes. If you landlord changes your locks for owing rent, your landlord must place a written notice on your front door stating:

  • An on-site location where you can go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that you may call to have a key delivered within two hours after calling the number;

  • the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether you pay any of the delinquent rent; and

  • the amount of rent and other charges for which you are delinquent.

6. So, all I have to do is ask for a key and my landlord must give it to me?

Yes.  If your landlord has changed your locks for owing rent, you have the right to get back into the property just by asking.  The landlord must give you a key even if you have not paid the rent that you owe.  

7. Are there days when my landlord cannot legally change my locks if I owe rent?

Yes.  Your landlord may not change your locks unless the landlord or landlord’s agent is available to accept your rent the day the locks are changed and the day before. 

8. If my landlord has changed my locks, can my landlord also prevent me from entering common areas in my residential property, like the pool or community area?

No. That would be a violation of the Texas Property Code.  

9. Can my landlord change the locks when my family or I are inside the property?

No. If a legal occupant is in the property, the landlord may not change the locks.  Also, a landlord may not change the locks for owing rent more than once during a rental pay period.  

10. My landlord won’t give me a key or let me into my property. What can I do?

First, you must be authorized by written or oral lease to live at the property.

If your landlord refuses to allow you entry to your property, you can request an order from a Justice Court allowing you to get back into your property.  That order is called a Writ of Re-Entry.  The sworn request for this order is called a Request for a Writ of Re-Entry, and you must file it with the Justice Court in the precinct where your property is located.  Once you file it, you will then state the facts of the unlawful lockout under oath to the judge.

If the judge reasonably believes that your landlord unlawfully locked you out of your property, the judge can issue a Writ of Re-Entry, which is a piece of paper that orders you to get immediate access to your property.  The Writ of Re-Entry is served on the landlord by a sheriff or constable, and they may use reasonable force to enforce the Writ.

The landlord can request a hearing on the lockout within 8 days after you gain re-entry. The hearing will be held within a week after the landlord’s request for a hearing.  Check your mail, email, and voicemail to find out if there is a hearing so you don’t miss it.

11. What about damages for my landlord failing to follow the law with regard to lockouts?  

If your landlord violates the law regarding the lockout—for example, illegally locked you out, locked you out without given you any notices, or locked you out on the wrong day—you can sue your landlord for:

  • a civil penalty of one month’s rent plus $1,000

  • your actual damages

  • your court costs; and 

  • reasonable attorneys’ fees

  • less any rent or other sums you owe.

If your landlord refuses to give you a key after locking you out, your landlord could be liable for an additional one month’s rent.

12. Can my landlord evict me if my landlord illegally locked me out for owing rent? 

Yes.  While you may have claims against your landlord for damages as a result of an illegal lockout, you could still be evicted for nonpayment of rent.