Unlawful Lockout Form (Page 2 of 2) in pdf

(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 the changing of the door locks;

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 pay the delinquent rent.

(e) 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.

(f) 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.

(g) A landlord who intentionally prevents a tenant from entering the tenant’s dwelling under Subsection (b)(3) must

provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the

delinquent rent.

(h) If a landlord or a landlord’s agent violates this section, the tenant may: (1) either recover possession of the

premises or terminate the lease; and (2) recover from the landlord a civil penalty of one month’s rent plus $1,000,

actual damages, court costs, and reasonable attorney’s fees in an action to recover property damages, actual

expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord.

(i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection

(h), an additional civil penalty of one month’s rent.

(j) A provision of the lease that purports to waive a right or to exempt a party from a liability or duty under this

section is void.

(k) A landlord may not change the locks on the door of a tenant’s dwelling under Subsection (b)(3): (1) when the

tenant or any other legal occupant is in the dwelling; or (2) more than once during a rental payment period.

(l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies

provided by Chapter 24.

Special Provision Applicable Only to Tax Credit Landlords

There are special protections to tenants who live at tax credits apartment complexes. Section 2306.6736 of the

Government Code prohibits any landlord supported with housing tax credits from locking out or threatening to lock

out any person unless the lockout is necessary to perform bona fide repairs or an emergency exists.

Section 2306.6736, Government Code

Notwithstanding any other law, a development owner of a development supported with a housing tax credit

allocation may not seize or threaten to seize the personal property of any person residing in the development except

by judicial process unless the resident has abandoned the premises. Each development owner shall include a

conspicuous provision in the lease agreement prohibiting the owner from engaging in such practices.

Rev. 0 1/2010

Unlawful Lockout Form Page 2

Related Articles

Related forms

Related Categories