Texas Commercial Eviction Process: Lockouts & Notices

Commercial evictions in Texas, governed primarily by the Texas Property Code (with Chapter 93 taking effect September 1, 1989), follow many of the same procedural steps as residential evictions, but with one significant advantage for landlords: the right to lock out a commercial tenant for nonpayment of rent without first obtaining a court order. Understanding when and how to use this remedy — and the standard eviction process — is critical for commercial landlords.

Commercial Lockout for Nonpayment

Texas Property Code §93.002 allows commercial landlords to change the locks on a tenant who is delinquent in rent, provided specific procedures are followed:

Requirements for Lockout

1. The tenant must have delinquent rent — the lockout is only permitted for nonpayment
2. The landlord must post a written notice on the tenant's front door stating:

• The name, address, or telephone number of the person or company from whom a new key can be obtained

3. The new key must be provided to the tenant during regular business hours and only upon payment of the delinquent rent

Important Limitations

• The lockout remedy is only for nonpayment of rent — it cannot be used for other lease violations
• The landlord must still comply with the notice posting requirement
• If done improperly, the tenant can file a sworn complaint for reentry in justice court
• A tenant who is wrongfully locked out may recover actual damages and may be restored to possession

Standard Eviction Process

For evictions not based on nonpayment, or when a lockout is not desired, commercial landlords must follow the standard forcible detainer process:

Step 1: Notice to Vacate

• The default notice period is 3 days, unless the lease specifies a different period
• The notice must be in writing
• Delivery methods include personal delivery, mail, posting on the door, or electronic delivery (if agreed in the lease under SB 38)

Step 2: Filing the Suit

• File in the justice court in the precinct where the property is located
• Include the property address, grounds for eviction, and proof of notice

Step 3: Hearing and Judgment

• Hearing is typically set 10–21 days after filing
• Bring the lease agreement, proof of notice, rent records, and damage documentation
• Under SB 38, online court appearances may be permitted

Step 4: Writ of Possession

• If the tenant doesn't vacate after judgment, request a writ of possession
• The constable gives the tenant 24 hours to remove their belongings
• After 24 hours, the constable physically removes the tenant

Grounds for Commercial Eviction

1. Nonpayment of rent — most common; may also use lockout remedy
2. Lease violations — unauthorized use, unapproved alterations, prohibited activities
3. Holdover tenancy — remaining after lease expiration
4. Criminal activity — illegal operations on the premises
5. Breach of material lease terms — failure to maintain insurance, unauthorized subletting

SB 38 Changes Affecting Commercial Evictions

Starting January 1, 2026, SB 38 changes apply to commercial eviction proceedings:

• Electronic notice delivery — permitted if agreed upon in the lease
• 5-day constable service requirement — must attempt petition service within 5 business days
• 21-day appeal resolution — county courts must resolve appeals within 21 days of filing
• Summary disposition — expedited process for squatting or forcible entry cases
• Online hearings — courts may allow virtual appearances

Abandoned Tenant Property

If a commercial tenant abandons the premises, the landlord may:

• Remove and store the tenant's property
• Dispose of stored property if the tenant does not claim it within 60 days after storage
• The landlord must send written notice via certified mail to the tenant's last known address before disposal

Prohibited Actions Even

with the lockout remedy, commercial landlords may NOT:

• Lock out a tenant for reasons other than nonpayment of rent without a court order
• Interrupt utility services paid directly by the tenant (Property Code §93.002)
• Use physical force or intimidation to remove a tenant
• Destroy or dispose of tenant property without following the 60-day abandoned property process

Best Practices for Commercial Landlords

1. Include clear lease provisions — specify notice periods, lockout rights, and remedies for default
2. Document delinquent rent meticulously — maintain records of all payments and outstanding balances
3. Follow lockout procedures precisely — post the required notice with contact information
4. Consider the business relationship — lockouts can damage long-term tenant relationships; use judiciously
5. Consult an attorney for complex cases — especially for high-value tenancies or tenants who contest the action
6. Stay updated on SB 38 — the new procedural rules apply to cases filed after January 1, 2026

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How Landager Helps

Managing Texas commercial properties requires strict adherence to the Texas Property Code, including the 60-day security deposit return deadline. Landager automates these timelines, ensuring your deposit itemizations are delivered on time. From tracking lease-specific late fee structures to generating compliant 3-day notices to vacate, Landager helps you maintain 100% compliance across your Texas commercial portfolio.