| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Texas?
Texas landlords have a right to enter a rental property for the following reasons:
- Inspection.
- Maintenance or construction.
- Lock change, if the renter has defaulted on rent.
- Resolving an emergency.
Can a Landlord Enter Without Permission in Texas?
Texas landlords can legally enter a rental property without permission for inspection, maintenance, construction, emergencies, or (if the renter is in default) a lock change.
Can a Landlord Enter Without the Tenant Present in Texas?
Texas landlords can legally enter a rental property without the tenant present, if the reason and manner for entry are allowed by the law or lease. In fact, when the landlord’s purpose is changing locks after the tenant defaults on rent, the landlord must enter without the tenant present.
Can a Landlord Show a House While Occupied in Texas?
Texas landlords can’t show an occupied house except by explicit agreement with the renter. If the landlord didn’t reserve this right in the lease, the property has to be shown through case by case permission.
How Often Can Landlords Conduct Routine Inspections in Texas?
Texas landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter so often that it deprives the renter of quiet enjoyment on the property, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Texas?
Texas landlords have no specific advance notice requirement before entering a rental property. Notice is usually determined by the rental agreement.
The renter does have a right to quiet enjoyment of the property, so the landlord can’t repeatedly make abrupt or unannounced entries except for legally allowed reasons like emergencies.
Can a Landlord Enter Without Notice in Texas?
Texas landlords can enter without notice for any legally allowed purpose, although doing so without reasonable justification could violate the renter’s right to quiet enjoyment of the property.
How Can Landlords Notify Tenants of an Intention To Enter in Texas?
Texas landlords can notify tenants of an intention to enter verbally or in writing.
Can a Tenant Refuse Entry to a Landlord in Texas?
Texas tenants can refuse entry for most reasons that haven’t been agreed in the lease, except for the following valid landlord purposes:
- Inspection.
- Maintenance or construction.
- Lock change, if the renter has defaulted on rent.
- Resolving an emergency.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Texas?
Texas landlords can take one of the following actions if a tenant illegally refuses entry:
- Get a court order to force access.
- Deliver a Notice to Quit and begin the eviction process.
Can a Tenant Change the Locks Without Permission in Texas?
Texas tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for renters to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Texas?
Texas tenants can take any of the following actions if a landlord enters illegally:
- Get a court order to prevent further illegal entry.
- Cancel the rental agreement.
- Sue the landlord for costs plus a civil penalty.
Sources
- 1 Tex. Prop. Code § 92.0081(b) (2021)
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“A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or (3) changing the door locks on the door to the tenant’s individual unit of a tenant who is delinquent in paying at least part of the rent.”
Source Link - 2 Tex. Prop. Code § 92.0081(k) (2021)
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“A landlord may not change the locks on the door of a tenant’s dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or (2) more than once during a rental payment period.”
Source Link - 3 Maple Terrace Apartment Co. v. Simpson, 22 S.W.2d 698, 700 (1929)
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“[B]y the failure of its managing agent to put an end to the nuisance complained of after notice the appellees were deprived of the reasonable enjoyment and quiet of their home, justifying their claim of eviction, as that term is understood in the law.”
Source Link - 4 Tex. Prop. Code § 92.0081(d) (2021)
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“A landlord may not intentionally prevent a tenant from entering … [unless] the landlord has locally mailed not later than the fifth calendar day before … or posted on the inside of the main entry door of the tenant’s dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating: (A) the earliest date that the landlord proposes to change the door locks; (B) the amount of rent the tenant must pay to prevent changing of the door locks; (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord’s normal business hours; and (D) in underlined or bold print, the tenant’s right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent.”
Source Link - 5 Tex. Prop. Code § 24.002(a) (2021)
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“A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (1) is a tenant or a subtenant wilfully and without force holding over after the termination of the tenant’s right of possession.”
Source Link - 6 Injunctive relief is a standard equitable remedy available for possession of real property.
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Injunctive relief is a standard equitable remedy available for possession of real property.
- 7 Tex. Prop. Code § 92.0081(h) & (i) (2021)
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“(h) If a landlord violates this section, the tenant may: (1) either recover possession of the premises or terminate the lease; and (2) recover from the landlord a civil penalty of one month’s rent plus $1,000, actual damages, court costs, and reasonable attorney’s fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord.
“(i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month’s rent.”
Source Link
