TX Realtor
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First of all, is there a written lease? The short answer is - yes she can if she notifies you. But there is a process a landlord has to follow. See below for tenant's rights in TX (Section 92.0081). If they have not followed the process, they are liable for penalties. Know your tenant rights and stop listening to all the wackos whose first comment is "sue them" or "call the police". The police will only try to mediate between the two of you to maintain the peace and will not force anyone to do anything without a crime having been committed. |
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Expert Realtor
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Nope! She can't.
If she does, call the police. The police will inform your landlord that she must taket the PROPER legal route to evict you, and they will order her to give you a key, or they will give you permission to break into the property, by whatever means necessary.
That is an illegal eviction...again, CALL THE POLICE. |
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The Eagle Keeper
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Mary B is correct. Your landlord needs to follow proper eviction procedures. |
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Landlord
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I am not sure how you can say you are not a deadbeat, but you do not pay your rent. Apparently you do not know what a deadbeat is. Most people would label you as a deadbeat, you are not paying your way.
In Texas it is perfectly legal for your landlord to lock you out, but they have to give you a new key.
Why not just pay your rent and be done with it? You should not expect your landlord to support you and your child. |
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Veritas et Aequitas ()
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You can drag this on for months because she has to go through the courts. She has no legal right to change locks without first going through the proper legal channels.
It sucks for landlords and I think you should just pay your rent. Have you been late many times? |
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goz1111
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if it occurs calls the police then a lock smith, have the lock change and deduct it from the rent
the action is label self help and is illegal |
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Bibs
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It is not legal, the police may not help you, depending on local custom, but some landlords will do this. |
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Your Property Path
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When a landlord locks you out of your home while you are paying rent, it is illegal. You can take the owner to court and you would win. Even if the owner has just cause the proper eviction procedure must be taken. Everyone in this country is entitled to due process.
Get mad! |
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Patrick
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These people answering are INCORRECT except for TX Realtor.
In Texas, lockout for non-payment of rent is LEGAL. Only for non-payment of rent. Not late fees, etc. TX Realtor has it right and the rest have it wrong.
Even the tenant's rights organization's in Texas talk about it. Know your rights.
http://www.texastenant.org/rights/lockedout/lockedout.html
Good Luck! |
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MIND THE GAP
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Call the police and SUE HER. Contact an attorney NOW. |
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Cheri
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Your apartment manager is trying to use self-help procedures to evict you. If your lease has a clause for a lock out, the apartment can do so. They have to give you a 3 day notice and when they do it, they have to post a sign telling you where you can get a key if you come home after hours. They cannot lock you out after hours or on weekends.
You have a RIGHT by LAW to get a key when you ask for it, and you do not have to pay your rent because of the lockout. If the apartment folks refuse to give you a key, you can call the police. They will ask apartment people for the key for you. If they refuse you can go to the court and ask for an order to "compel" the apartments to give you a key. (there is a technical term for this but I am at a loss right now), If the apartment mgr or person does not give you a key still, then he/she can be arrested. This info is in the Texas Property code.
Be aware of not only your rights, but the apartments too. It is smart to do so in all areas of life really. Knowledge is power! I went through this myself when the apartments where I live tried to evict because I paid rent 1 day late and they tacked on a $50 late fee I refused to pay. |
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