Circumstances Under Which Landlord May Change the Locks
Laws vary from state to state to state but a landlord generally must follow the notice and eviction processes provided in the state’s statutes before locking a tenant out of leased residential premises by changing the locks. In some states a residential lease may give the landlord the right to lock out a tenant who is delinquent on rent, for example—but the landlord still must give the delinquent tenant a key and access upon request.
If a residential tenant fails to pay the rent or continues to use the leased premises for a purpose other than as permitted by the lease agreement—and after the landlord gives proper notice of the rent delinquency or improper use—the landlord may have the right to terminate the lease and get a court order for a writ of possession or writ of eviction to remove the tenant from the leased premises.
Only after the landlord gets such a court order—and after the tenant’s time to appeal the court order has passed (usually 5-10 days)—may the landlord change the locks.
Circumstances Under Which Tenant May Change the Locks
A residential lease agreement may prohibit a tenant from changing the locks unless the tenant immediately informs the landlord and provides the landlord with an updated key. Or a residential lease agreement may prohibit a tenant from changing the locks and require the tenant to ask the landlord to change the locks.
In some states a landlord is required to change the locks upon a tenant’s request but the tenant must pay the cost of rekeying or changing the locks. And in some states—such as California and New Jersey—a tenant may have the right to change the locks without giving the landlord an updated key—unless the written lease agreement prohibits the tenant from changing the locks without giving the landlord an updated key.
Laws regarding the circumstances under which the landlord or the tenant in a residential lease may change the locks vary from state to state and are usually included in the state’s statutes—often in the landlord-tenant code or property code.
In Texas, landlords must adhere to specific legal procedures before changing the locks on a tenant's residence. A landlord cannot simply lock out a tenant for delinquent rent or improper use of the premises without following due process. This includes providing proper notice of the issue and obtaining a court order for eviction if the tenant does not remedy the situation. Only after securing a writ of possession or eviction, and after the tenant's period to appeal has expired, can a landlord legally change the locks. As for tenants, they may be restricted by their lease agreement from changing the locks without landlord consent. If allowed, they must typically inform the landlord and provide a new key. Texas law may require landlords to change the locks at a tenant's request, but the tenant would be responsible for the cost. The specific rights and obligations for both landlords and tenants regarding lock changes are detailed in Texas's property and landlord-tenant statutes.
