are self help evictions illegal in texas
Texas landlords must follow specific rules and procedures when evicting a tenant (see the article How Evictions Work: What Renters Need to Know, on this site). The state forbids landlords from taking the law into their own hands. Examples of illegal “self-help” evictions include changing the locks, removing the front door, or turning off the heat or electricity—all of which may be the basis for a tenant suing a landlord. What is this self-help eviction thing? Based on specific wording in your lease agreement, when a tenant has defaulted on the lease (this default is usually for not paying rent), the landlord, with proper notification and within specified time frames, can evict the tenant without having to go to court. 1 First the courts will not view that as a prudent move, and you can bet the tenants will claim that their uncles very expensive Rolex was in the property the last time they, the tenant, were there.  Do not turn off the utilities. Again, this action will be viewed by the court in very unfavorable terms — for you! If you decide to sue your landlord for an illegal eviction, check Texas law (you’ll find Texas rules prohibiting self-help evictions at Tex. Prop. Code §§ 92.008, 92.0081, 92.009). See the Laws and Legal Research section of this site for advice on finding and reading statutes. It’s also a good idea to get advice from a local tenants’ rights group in Texas. The U.S. Department of Housing and Urban Development (HUD) website includes information on tenant advocates for each state. Self-Help Evictions in Texas. Self-help eviction is not legal in Texas for residential leases (the law is different for commercial tenants). A landlord may change the locks on the tenant's dwelling for delinquent rent, but the tenant can get a key to the new lock without paying the delinquent rent. In some circumstances, another month's rent. Here are a few examples of things that you should NEVER do as a landlord. 1  Lock the tenant out of the property. 2  Remove tenant belongings prior to an official eviction. 3  Do not turn off the utilities.  Do not intimidate or harass your tenants. Remember… every action you take regarding a tenant must stand up the scrutiny of a judge — more so in today’s world than at any other time. Unfortunately, landlords are by the very nature of what we do, often judged to be the bad guys! Self-help is not a good thing! Texas landlords cannot evict tenants without following Texas law. This means that removing doors or windows in an effort to force tenants to move is not okay. Some of the steps in the legal process of evicting a tenant, however, can be modified by the lease, so tenants should always read leases carefully. The pages below are primarily directed to members of the public who choose to represent themselves in court. They are intended to help facilitate Texas legal research. We address many of the legal questions that we commonly receive at the library. And because legal research can be rather complicated and often requires the use of print materials not available on the Web, we also list options on where you can go for more help. 1 By locking them out you are depriving them of the use of the property, and so long as a court has not agreed that they can be evicted and said eviction has occurred, locking a tenant out of the property will not end well for you.  Remove tenant belongings prior to an official eviction.
Yes,It is not legal in Texas for residential leases (the law is different for commercial tenants).