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Landlord’s Entry

by | Dec 18, 2012 | Renter's Rights | 0 comments

A landlord’s entry into your apartment is not covered by Texas law, but Texas courts have ruled that a landlord cannot enter a rental unit without permission from the renter.  In general, a lease agreement should cover exactly when and under what circumstances a landlord can enter your apartment.  Austin Tenant’s Council helps you determine what is permitted and what is not in regards to landlord’s entry.
If the lease doesn’t cover reasons for why a landlord can come into your apartment, the reasons for entering are very narrow and include:  repairs requested by you, if there is an emergency in the unit, or if the landlord is posting a notice under the landlord’s lien law or when demanding possession in an eviction.
A landlord cannot force their way into your apartment without first seeing if you are there, regardless of what your lease says.  Using your keyless deadbolt when you are at home keeps your landlord or anyone else entering when you are at home.  If the tenant has a key, but the landlord does not, the landlord can ask for one if it is specified in the lease agreement.  If it is, the a duplicate key is required to be made, but the landlord has to pay for it and be sure the tenant can still access the unit while the key is being copied.
A landlord doesn’t have to give advance notice before entering your unit unless it is written in the lease agreement.  However if you feel like your landlord is taking advantage of the fact that this isn’t specified, you can make a written request that the landlord give advance notice.

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