Landlord's Right to Entry in Texas Rentals (2024)

FAQs

Landlord's Right to Entry in Texas Rentals? ›

Yes. The tenant has the right to determine who can enter, but the tenant should be reasonable in allowing the landlord's entry. If the tenant is home and the landlord wishes to enter the property, the landlord must ask to enter peacefully and at reasonable times.

So, to sum up, landlords in Texas may only enter your home without permission if there is an emergency or it is allowed by the lease terms. Always follow the proper procedure when entering a tenant's home and give notice in writing. Last updated: April 14, 2023.

Fair Housing Laws in Texas

As per the 1968 Fair Housing Act, it's against the law for a landlord to discriminate against a tenant based on certain protected classes. These classes include race, age, disability, genetic information, citizenship status, sexual orientation, religion, national origin, and/or skin color.

Required Landlord Disclosures

Landlords must provide their tenants with information on all those involved with managing the unit. This may include providing them with a list of names and addresses.

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.

The tenant is present and gives consent. The tenant has previously given written consent, which they must specify a time and date for entry. The landlord may enter the tenant's unit in a reasonable manner at a reasonable time if an emergency exists, or if the tenant abandons the property.

Section 94.004 - Landlord's Right of Entry (a) Except as provided by this chapter, the landlord may not enter a tenant's manufactured home unless: (1) the tenant is present and gives consent; or (2) the tenant has previously given written consent.

Does the landlord have to give advance notice before entering my home? Generally, only if the lease requires it. While it is common for a landlord to give advance notice, notice is only required if the lease says so.

2024 updates to Texas's rent increase guidelines

In the Lone Star State, there aren't rent increase laws on how much a landlord can raise the rent when it's time to renew a lease. Only a handful of cities can create reforms on rent hikes only if a disaster is declared and the city sees the need for emergency housing.

Landlord harassment typically involves actions taken by a landlord or property owner to make a tenant's living conditions unbearable or to force them to move out. This can include demanding money without notice, refusing to discuss bills, or attempting to change locks without proper eviction procedures.

What is the property code 92.104 in Texas? ›

Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.

Texas law allows landlords to collect "reasonable" late fees if any portion of the rent remains unpaid more than two full days after it was due. In order to collect this late fee, the landlord must have included notice of it in a written lease.

Tenant's Forwarding Address. (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.

What fails inspections in Texas? There are several common reasons why a vehicle may fail a Texas state inspection, including windshield wipers that are damaged or not working, service or check engine lights being illuminated, headlights or tail lights that are damaged or burnt out, and issues with the parking brake.

So, plan on performing annual inspections. This is the minimum rental property inspection frequency to follow. Of course, you must know Texas's rental property inspection laws to ensure you follow them. One is that you must notify the tenant before entering the unit, so be sure to do this first.

Limits on visitors

Tenants can have visitors unless limited by the lease. Most leases will say how many days a visitor can stay overnight. Example: paragraph 2 of the Texas Apartment Association (TAA) lease allows the landlord to write in the number of days a visitor may stay in any week.

Tenants without a lease agreement also have the right to privacy. The landlord cannot enter your rental property without your consent, except in emergencies or other legally allowed circ*mstances. The landlord must provide reasonable notice before entering the rental property for repairs, inspections, or other reasons.

WICHITA FALLS (KFDX/KJTL) — According to LawDepot, Texas is often considered a landlord-friendly state because it favors landlords over tenants regarding eviction processes, deposits, and rent increases. Approximately 35 percent of 30 million Texans rent their homes or apartments.

As such, they cannot move the tenants' personal belongings. However, the lease can provide an entry provision that permits the landlord to enter and move the tenants' belongings. These have to be in line with state laws or won't be legally binding.