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I was recently given notice of a surprise inspection to apparently check for future repairs needed for the building. From what I have seen its not a valid reason for a landlord to come in to my home. I also was researching and saw that you could deny entry at times depending on the reason for the visit. I called the office and left a message that I was denying entry without myself present and that I was happy to rescheduled so they Left a note 8/3 and were coming out 8/5.
When I came home from work today I found a light on I know was turned off and found a note in the kitchen that they had sprayed for bugs. It was my understanding they had to give advanced notice to come in for that and I was not told about the spraying ahead of time. I have two dogs that had to breathe in the fumes and I am susceptible to health issues from the chemicals used.
Does anyone know what the rules are for entry by Managment in Texas and any recourse I can take for breaking the 24 hour notice?
They notified you of a building inspection. You notified them you are denying entry unless you are present. You have not refuse entry completely, just that you need to be present. They have rescheduled and I assume the day is good for you to be present. It appears you and the landlord have complied with all requirements.
You had pest control which is not a building inspection. There is no requirement to notify you in advance, only that they can not enter if you refuse entry. If you have not notified the landlord of your refusal for entry for pest control unless you are present, it appears they violated no laws.
Will a court rule that your notice of refusal without being present for the building inspection also covers all other types of non emergency entry? Not sure, could go either way. But just play it safe and send a notice of entry denial (except emergency) unless you are present.
Texas doesn't have any laws that protect tenants from unlawful entry. There is also no 24 hour rule in Texas law, see underlined in the quote below that states their notice requirement as part of the lease. Furthermore you cannot deny entry as long as the reason for entry it allowed in the lease, VERY important here what the lease says. In Tx right of possession, including entry, is completely given to the tenant 100% with only 2 exceptions, emergency and tenant requested repairs. The standard lease used by the Texas Apartment Association basically gives the LL access whenever they want as long as they leave notice within the apartment that they entered which you admitted they did that and pest control is included in the list of allowed reasons. I will quote the lease section below for you to read but it is most likely in your lease you have, section 28 on page 4 and it hasn't changed in years, this is all based off a quite internet search and assuming your lease is made by the TAA.
Quote:
28. WHEN WE MAY ENTER. If you or any guest or occupant is present, then repairers, servicers, contractors, our representatives, or other persons listed in (2) below may peacefully enter the apartment at reasonable times for the purposes listed in (2) below. If nobody is in the apartment, then such persons may enter peacefully and at reasonable times by duplicate or master key (or by breaking a window or other means when necessary) if:
(1) written notice of the entry is left in a conspicuous place in the apartment immediately after the entry; and
(2) entry is for: responding to your request; making repairs or replacements; estimating repair or refurbishing costs; performing pest control; doing preventive maintenance; checking for water leaks; changing filters; testing or replacing detection device batteries; retrieving unreturned tools, equipment, or appliances; preventing waste of utilities; exercising our contractual lien; leaving notices; delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices; removing or rekeying unauthorized security devices; removing unauthorized window coverings; stopping excessive noise; removing health or safety hazards (including hazardous materials), or items prohibited under our rules; removing perishable foodstuffs if your electricity is disconnected; removing unauthorized animals; disconnecting utilities involving bona fide repairs, emergencies or construction; retrieving property
Except Texas courts have continually upheld the right of a tenant to refuse entry for a legitimate reasons so long as it's not a absolute denial (rescheduling to convenient time or to be present is reasonable) and the tenant has properly notified the landlord. Although the lease may give the landlord rights to enter, the courts say it's revocable by notice. Many of the attorney web sites that work for landlords explain this in better detail.
I'd like to point out, OP, that if you get all territorial over a building that does not belong to you, you might possibly end up on the 'do not renew" list. Your landlord must be able to take care of his building and there is limit to how much a landlord will be willing to work around your delicate sensibilities.
"No, it is not convenient" is not a very good reply to maintenance visits. If you'd asked for a heads up so you could confine your dogs, that might be different, but that is not what you did. Now you want recourse because the landlord is maintaining his building? Don't get too comfortably settled.
Although it does not directly answer your question it might be of some help in this sort of situation: Consider investing in a security camera or two. Place one perhaps on the front door and another in a sensitive area such as the bedroom when you are away or you expect the landlord to visit. Then when the landlord enters without your being there you can still keep tabs on them. Especially if it is a model which can record.
You can buy these for as low as $40 on Amazon and they can record to an SD card. You could even make them hidden (but do not record other legal occupants, record in a bathroom or shower, or record audio) and you do not have to tell your landlord about it.
Having a camera or two set up can make these visits far less worrisome and if the landlord does something wrong or creepy you will have evidence and you may even be able to use it to sue them for it.
Don't let anyone tell you that you need permission from your landlord to do this because you do not. It is your right when renting an apartment or house (but things may be different for room shares).
I live in Texas, my lease ends in 10 months and today I got a realtor telling me she was showing my place. I was no way I am not home and I still have months to go on my lease. She said call the property manager and I did. Same deal they said they will be showing my place till they have the next interested in renting it. Been renting all my life and this never happened to me. the realtor was wafting for this guy in the front door while this guy was filming all my whole place, he was in my bedroom by himself! I am leaving town for almost a month and I don't want this to happen again... any advice?
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realtor showing my place only 1hr notice
