Texas Commercial Eviction Process: Lockouts, Notices, and Legal Procedures

Commercial evictions in Texas 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 cap — streamlined appeal timelines
• 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 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

Back to Texas Commercial Landlord-Tenant Laws OverviewIl-preview mhux disponibbli.

How Landager Helps

Managing Texas properties requires strict adherence to the Texas Property Code, especially regarding the mandatory 2-day late fee grace period and the 30-day security deposit return deadline. Landager automates these calculations, ensuring your late fees stay within the 10-12% statutory caps and your deposit itemizations are delivered on time. From tracking flood risk disclosures to generating compliant 3-day notices to vacate, Landager helps you maintain 100% compliance across your Texas portfolio.