Can the Landlord Change the Tenant’s Door Lock?
I own a rental house, and my tenant is more than two months late on the rent. Can I change the door locks on the property because the tenant has not paid rent?
Yes. The Texas Property Code (section 92.0081) allows a landlord to change the door locks of a tenant who is delinquent in rent. It is important to understand, however, that Texas law sets out very specific requirements that must be followed by a landlord when locking out a tenant.
For example, if the landlord changes the door locks on a tenant delinquent in paying rent, the landlord must place a written notice on the tenant’s door. The notice must state the amount of rent and other charges for which the tenant is delinquent. The notice must also provide an on-site location available 24 hours a day where the tenant may go to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours of calling the number.
That’s right, landlords – even if you lock out your tenant for not paying rent, Texas law requires that you give the tenant the new key upon request. The new key must be provided without regard to whether the tenant pays the delinquent rent.
Why bother changing the locks at all, you ask? Many landlords will change the locks when the tenant is nonresponsive to requests to pay the rent because by changing the locks, the tenant has to make contact with the landlord in order to gain entry into the rented premises. In short, changing the locks forces the tenant to communicate with the landlord before reentering the property.
Be sure to read Texas Property Code Chapter 92 (section 92.0081), as numerous other provisions exist which must be complied with in order for a landlord to lock out a tenant.
This article appears in September 18 • 2009.