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Houston-Area Apartments Guide: Lockout vs. Eviction
Whether you live in Wilshire Place apartments in Houston or other Houston-area apartments, a lockout is not an eviction. There are many misconceptions about a lockout. Some think it is a way to evict residents of Houston apartments and others think that the apartment resident has to pay the delinquent rent in order to be able to re-enter the dwelling. The Texas Rental property Code, §92.0081–§92.009, describes under what conditions a rental property owner or apartment manager may change the locks on a rental unit and the apartment resident's remedies if the law is not followed.
The intended purpose of the lockout law is only to force an apartment resident who is delinquent in rent to have contact with the rental property owner or apartment manager to discuss the problem or to arrange payment. Rental property owners or apartment managers must follow a strict procedure when changing the door locks of residents of Wilshire Place apartments in Houston or other Houston apartments, and the apartment resident must be given a new key whether or not any delinquent rent is paid. A rental property owner or apartment manager cannot legally, permanently lock an apartment resident out without going through the eviction process.
In short, lockout law says:
- The apartment resident must be behind on rent.
- The rental property owner or apartment manager must give advance, written notice to the apartment resident.
- The apartment resident does not have to pay any money in order to regain entry into the rental unit.
- A lockout is not an eviction.
Exclusion of a Residential Apartment resident
In order for a rental property owner or apartment manager to legally change the door locks of a apartment resident, the apartment resident must be delinquent in paying all or part of the rent. A rental property owner or apartment manager must do the following when changing the door locks of an apartment resident:
First Notice.
At least five calendar days before the date the locks are changed, the rental property owner or apartment manager must locally mail a written notice to the apartment resident. This notice may also be hand-delivered to the apartment resident or posted on the inside of the apartment resident's front door at least three days before the date the locks are changed on the apartment. This written notice must state:
1. the earliest date the locks will be changed;
2. the amount of rent the apartment resident must pay to prevent lockout; and
3. the name and address of the person to whom, or the location of the on-site management office at which, the delinquent rent may be paid during the rental property owner or apartment manager's normal business hours.
Second Notice.
When the locks are changed on the apartment, the rental property owner or apartment manager must place a written notice on the outside of the apartment resident's front door stating:
1) the on-site location where the apartment resident may go 24 hours a day to obtain the new key to their apartment, or a telephone number that is answered 24 hours a day that the apartment resident may call to have the key delivered within two hours after calling the number;
2) the fact that the rental property owner or apartment manager must provide the apartment resident with a new key to the apartment at any hour whether or not the ten- ant pays the rent owed; and
3) the amount of rent and other charges the apartment resident owes.
A rental property owner or apartment manager may not change door locks on, or the day before, a day when the rental property owner or apartment manager isn't available, or an on-site management office isn't open, for the apartment resident to pay the back rent and late fees. This means the apartment resident has to have an opportunity to pay the rent due before the locks are to be changed on the apartment.
The Locks are Changed, Now What?
As soon as the locks are changed, the apartment resident should request a new key from the rental property owner or apartment manager. If the apartment resident arrives at the dwelling "after hours" or if the rental property owner or apartment manager is not on-site, the apartment resident should contact the name in the notice that is posted on the door. The rental property owner or apartment manager must bring a new key within two hours of the apartment resident requesting it.
Once a rental property owner or apartment manager is called, the apartment resident should remain at the apartment at least two hours until the rental property owner or apartment manager arrives. The reason is that if the rental property owner or apartment manager responds to the apartment resident's phone call in a timely manner and the apartment resident is not there, the rental property owner or apartment manager just has to leave a notice on the front door of the apartment stating the time the rental property owner or apartment manager arrived with the key and the street address to which the apartment resident may go to obtain the key during the rental property owner or apartment manager's normal office hours.
A rental property owner or apartment manager who has changed the door locks of a apartment resident must give the apartment resident a key regardless of whether or not the apartment resident pays the delinquent rent. Some rental property owner or apartment managers will try to convince the apartment resident that they do not have the right to live in the apartment anymore. They will tell the apartment resident that the door is being unlocked so that the apartment resident can remove his or her belongings. This is incorrect.
The law clearly states that the rental property owner or apartment manager must give the apartment resident a new key. The apartment resident can actually continue living in the apartment until a court orders an eviction. Any lease clause waiving any of a apartment resident's rights under the lockout law is void and not enforceable.
What if the Rental property owner or apartment manager does not give the Apartment resident a Key?
If the rental property owner or apartment manager refuses to give the apartment resident a new key, the apartment resident can get assistance from the Justice of the Peace court by requesting an order called a writ of reentry. The apartment resident will need to specify both in writing and orally as to how the rental property owner or apartment manager violated the law. The court will typically charge the apartment resident a fee for the constable to deliver this order to the rental property owner or apartment manager. The apartment resident can ask the court to waive this fee by asking for a pauper's affidavit. The apartment resident will have to disclose some financial information so the judge can make a decision. If the judge approves the pauper's affidavit, the order will be delivered free of charge. This order will require the rental property owner or apartment manager to allow the apartment resident access to the apartment.
As soon as the rental property owner or apartment manager is served with the writ of reentry, the rental property owner or apartment manager will need to immediately comply with the order, otherwise face the risk of being arrested and in contempt of court. The constable is also allowed to use reasonable force in executing a writ of reentry into the apartment.
Apartment resident Remedies
If a rental property owner or apartment manager doesn't follow the lawful procedure for changing a apartment resident's door locks - either by not giving advance notice or not giving the apartment resident a new key when requested - the apartment resident has several options.
The apartment resident may:
1. recover possession of the apartment or terminate the apartment lease agreement; and
2. recover from the rental property owner or apartment manager a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action to recover rental property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the apartment resident is liable to the rental property owner or apartment manager.
If a rental property owner or apartment manager locks out an apartment resident and will not give the apartment resident a key unless the apartment resident pays delinquent rent, a apartment resident may recover an additional civil penalty of one month's rent from the rental property owner or apartment manager in a court action.
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