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How Does an Apartment Lockout Differ From an Eviction

By Edited May 12, 2015 0 0

Don't confuse the difference between an eviction and a lockout in Dallas, TX. They are completely separate and one done should not be confused with the other. Don't be confused about a lockout. There is a portion of the Texas Rental property Code that outlines under what conditions a renter may be locked out, and it will also include what rights the resident has if he/she is locked out.

What is the Lockout Intended For

The purpose of the lockout is to motivate the renter, who is usually behind on their rent, to contact the property manager or landlord to attempt to resolve the issue. Whether its paying off the balance in full, or arranging a payment schedule, this meeting meant to resolve the delinquency. Keep in mind management must adhere to strict rules when the locks are changed. And in the end, the renter must be given a new key regardless of the outcome. A property or owner cannot keep out the tenant without following a strict eviction process.

In review, a lockout law states the following:

  • The resident must be late on her rent:
  • The property owner or manager must provide notice in writing of the impending lockout.
  • The resident will not have to pay any monies to gain access to the apartment home.

This is not an eviction.

The property manager must mail a notice to the resident 5 days in advance of the lockout. It can also be hand delivered or posted on the front door 3 days before the locks are too be changed. The notice must include the following:

  • The rent amount the resident must pay to prevent the lockout.
  • The day the locks will be changed
  • The name and address where the manager will be so the resident may pay the rent

After the locks have been changed there must be a second notice placed on the residents door.

The location where the resident can go to get the new key 24 hours a day, a phone number that will be answered and a key obtained (2 hours) after calling the number.
And the amount of delinquent rent owed. Remember that an eviction occurs when the resident is required by law to leave the apartment home definitely.



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