Lockout Laws In Texas

[Brooke Wilde]

I'm hoping for a little clarification on this ....

So, lets say a landlord gives you 72 hours notice that you need to move out (the reason for notice is being late on rent).

The tenet does not move out in the 72 hours, and instead of the landlord going through the court process as they are suppose to, they simply change the locks.

I understand this is considered an illegal lockout.

The most pressing issue is: What is the tenet to do right away to access their belongings?

The second issue is: What recourse does the tenet have in court? I know (from the peoples court ...lol) in Florida the tenet is entitled to 3 times the rent in damages ... but what are the damages in Texas?

Also, lets say the tenet takes the landlord to court and wins, is any amount of rent that was not paid to the landlord, withheld from the damages awarded to the tenet, or are those separate matters?

Thanks to all that take the time to reply!

[Unique_Carpenter]

Jon will probably toast me for a quick and incomplete answer but:
Based on your above facts, which appear to be a lockout but that an actual eviction case has not yet occured in court, and as your getting real close to the weekend:
Texas property code section 92.009.
You have to file paper with local court asking for "reentry".
Hit the court clerks counter and start crying.
Best to just ask landlord to let you get your stuff though.

For your other questions there would be an entire discussion that boils down to "it depends".

[Brooke Wilde]

Originally Posted by Unique_Carpenter

Jon will probably toast me for a quick and incomplete answer but:
Based on your above facts, which appear to be a lockout but that an actual eviction case has not yet occured in court, and as your getting real close to the weekend:
Texas property code section 92.009.
You have to file paper with local court asking for "reentry".
Hit the court clerks counter and start crying.
Best to just ask landlord to let you get your stuff though.

For your other questions there would be an entire discussion that boils down to "it depends".

Wow - I'm glad I asked. Luckily it has not happened to her yet (her landlord gave her 72 hour notice yesterday via email).

But I told my friend that since she legally lives there, if he changes the locks, she can just break a window to gain entry.

I understand that she would have to eat the expense of the window, but I didn't think it would be trespassing or breaking and entering since she was illegally locked out.

[Unique_Carpenter]

Perhaps property damage.
But, broken windows or doors have a habit of attracking Leo.
However most Leo have gone to a Leo training class on landlord tenant issues. Thus, If there's a landlord tenant hissyfit at a place, most Leo will ask landlord for a copy of eviction papers. I have seen Leo escort landlords away.
Only stupid landlords will lock folks out before actual eviction papers. But there's a lot of .....
Cause some landlords don't want to wait a few weeks for eviction paper to come out of the courthouse.
But if you want to try toast an azzhole landlord, that has to be done correctly, which involves paperwork.

Your friend needs to consider that a pissed off landlord may file eviction papers even if tenant is in process of moving, as landlords know that eviction filings will show up on future landlord background checks on prospective tenants.

Thus, unless she has cash on hand to pay the back rent, she needs to buy a couple bottles of wine for the girlfriends that can help pack and also a case of beer for guys to help her move.

[soldierboy44]

OK so I know this is a legal site (this link) but we ARE on a provider board....so why doesn't said tenant (which you said is a women).....offer HER services as rent?

[ShysterJon]

I'm a little busy right now, but here's a link to a piece about the basics on the topic:

http://www.peopleslawyer.net/legal-t...-law-rent.html

[Brooke Wilde]

Originally Posted by soldierboy44

OK so I know this is a legal site (this link) but we ARE on a provider board....so why doesn't said tenant (which you said is a women).....offer HER services as rent?

Unfortunately for her, prostitution and drugs go hand in hand. I met her 3 years ago at a group I facilitate. She is in her late 40's, served time for man slaughter, has a glass eye and was addicted to crack for almost 1/2 of her life. Thankfully she has turned her life around and has remained sober since she was released from prison a few years back.