Legal Question in Landlord & Tenant Law in Texas
my daughter is getting evicted from her apt. and my question is, can they actually set her or lock her out before actually filing an eviction through the court?
1 Answer from Attorneys
During the eviction process the landlord has to give the tenant a 72 hour notice concerning the delinquency which states that they have 72 hours to pay or move out before an eviction is filed in the court. After the 72 hours then the landlord can file for eviction in court, generally the Justice of the Peace. However, the landlord can lock the doors for nonpayment of rent but the landlord has to place a note on the door with a 24 hour a day phone number and/or place that the tenant can go obtain a key to get into the property. The landlord cannot lock them out with no way to reenter. Also, the landlord can place a landlord's lien on property and come into the property and seize property that is not exempt by law. The landlord cannot set all her property out on the curb or move your daughter out of the apartment without a court order.
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