Texas Renters: What to Do If You’re Locked Out
Getting locked out of your rental in Texas can be stressful, whether by accident or due to landlord actions. Understanding your rights and the laws surrounding lockouts in Texas can help you get back in and resolve the issue quickly and legally.
Your Rights as a Texas Renter During a Lockout
Under Texas law, landlords must follow strict rules before locking out a tenant. Illegal lockouts can lead to penalties for the landlord. If you're locked out, it’s important to understand tenant protections provided by the Texas Property Code Chapter 92.[1]
When Is a Lockout Legal?
- A landlord may change your locks only for nonpayment of rent. Other reasons are not allowed unless stated in the lease.
- Your lease must contain written notice of the lockout policy.
- The landlord must give you at least 3 days' written notice before changing the locks (or 5 days if mailed).
- The notice must state exactly how you can get a new key, even if you still owe rent.
The landlord cannot physically remove you or your belongings without a court order (writ of possession).
What to Do If You’re Locked Out in Texas
- Check for any written notice explaining the lock change and how to get a new key.
- Contact your landlord right away to request a new key—landlords must provide a key regardless of whether you're paying what’s owed unless it’s during non-business hours.
- If your landlord refuses to give you a new key during normal business hours, you may have the right to regain entry or seek legal remedies.
Texas Property Code Chapter 92: Tenant Protections
- If the landlord unlawfully locks you out, you can sue for:
- Immediate possession of the premises
- The cost to re-enter or replace locks
- One month’s rent plus $1,000, court costs, and attorney’s fees
- You do not have the right to break in; instead, legal actions are available.
Texas Lockout Forms and Filing a Complaint
To resolve an unlawful lockout, tenants may file a legal form called the "Tenant’s Sworn Complaint for Reentry" (Form J.P. 24.002) with the local Justice of the Peace Court.[2]
- Form Name: Tenant’s Sworn Complaint for Reentry
- When to Use: If you believe you were wrongfully locked out, use this form to ask the court to order your landlord to let you back in.
- How to Use:
- Obtain the form from your county’s Justice Court or visit Texas Justice Courts for details.
- Complete the form with details of the lockout and deliver it in person to the court.
- The court may order your landlord to give you access or hold a hearing within 1 business day.
- Download the Tenant’s Sworn Complaint for Reentry (PDF)
If you win, the judge will give you a "Writ of Reentry," which orders the landlord to let you back into your home.
Understanding the Tribunal for Texas Renters
Disputes between Texas tenants and landlords—including lockouts—are handled by the Justice of the Peace Courts in your county.[3] They provide forms and procedures for reentry.
FAQ: Lockouts and Renters’ Rights in Texas
- Can my landlord legally lock me out for nonpayment of rent?
Landlords can change locks for nonpayment, but must provide written notice and a way for you to get a new key, even if you have not paid what is owed. - What should I do first if I find myself locked out?
Contact your landlord right away and ask for a new key. If refused, consider filing a Tenant’s Sworn Complaint for Reentry with your local Justice Court. - Is it ever legal to break into my rented home after a lockout?
You should not break in. Texas law provides legal remedies—use official forms and seek assistance from the Justice Court. - What can I do if my landlord ignores a court order to let me back in?
If your landlord does not comply with the court's "Writ of Reentry," law enforcement can help you regain entry. - Can my landlord remove my belongings during a lockout?
No, landlords must get a court order (writ of possession) to remove your personal property.
Conclusion: Key Takeaways for Renters
- Texas law strictly limits when and how landlords can lock out tenants.
- If locked out, request a new key immediately and keep records.
- Use the court system for speedy reentry if necessary.
Stand up for your rights with official forms and support from your local Justice of the Peace Court.
Need Help? Resources for Renters
- Texas Property Code – Landlord and Tenant Rights
- Texas Justice Courts: Find Your Local Court
- Texas Attorney General: Tenants’ Rights and Protections
- TexasLawHelp.org – Lockout Resources
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