LAW OFFICE OF B. J. "JEANIE" THOMPSON
Line

ARTICLES OF INTEREST


Recent Texas Legislation Residential Landlords Should Know About
by B. J. Thompson

Effective January 1, 1996, Landlords have a new tool to collect rent past due from a residential tenant. If a tenant is delinquent in paying a least part of the rent, the landlord can change the door lock. A written notice must be placed on the tenant’s front door stating:

  1. An on-site location where the tenant may go 24 hours a day to get the new key, or a telephone number that is answered 24 hours a day which the tenant can call to have a new key delivered within 2 hours after calling the number, and
  2. The fact that the landlord must give the new key to the tenant at any hour, whether or not the tenant pays any of the delinquent rent, and
  3. The amount of delinquent rent and other charges which are due.

Before a landlord changes a lock, she must give written notice to the tenant that a lock change will occur unless the rent and charges due are paid. The notice must state:

  1. the earliest date the landlord proposes to change the locks, and
  2. the amount the tenant must pay to prevent the lock change, and
  3. specific information stating where and to whom the tenant can pay the late rent during the landlord’s normal business hours.

The notice must be mailed locally five calendar days before the proposed lock change or posted inside the front entry door of the tenant’s dwelling three days before the proposed lock change. If the notice is hand delivered to the tenant, delivery three days before the proposed lock change is required.

If the locks are changed, the tenant must get a new key from the landlord to lawfully re-enter the dwelling. She does not have to pay the rent, but at least the landlord gets an opportunity to talk to the tenant to learn what arrangements the tenant is making to pay the rent.

The landlord whose tenants avoid him or her when rent is past due may find this tool helpful and should include provisions for it in residential leases.

Line

B.J. Thompson Law Web Site Navigation Links
Return to Top of This Page
Return to B. J. Thompson's Home Page
Return to the Previous Article
E-MAIL: bjt.law@ix.netcom.com