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Landlord / Tenant

landlord's right to enter—residential

Residential lease agreements usually allow a landlord reasonable access rights—including the right to enter the leased premises to make necessary repairs or to renovate the property.

To protect the tenant’s right to privacy, many state laws require the landlord to give the tenant notice it will be in the leased premises to make necessary repairs or do maintenance at least 24 hours before the landlord enters the premises.

A residential landlord may also enter the leased premises to prevent damage or harm to the property or its occupants due to a water leak, flood, fire, electrical outage, gas leak, or other emergency—or to allow a law enforcement officer to enter and ensure the safety of the property and its occupants.

A residential lease will also usually give the landlord the right to enter and show the premises to prospective tenants—at least within some period of time before termination of the lease, if the landlord and tenant have not agreed to renew the lease or if the landlord or tenant has given notice of their intention not to renew the lease.

And in some circumstances a landlord’s right to enter the premises during the term of the lease may be implied—such as when the landlord suspects the tenant has abandoned the leased premises and does not intend to return.

A landlord’s right to enter leased residential premises varies depending on the specific language in the residential lease agreement and the state’s landlord-tenant laws—which are usually located in a state’s statutes.

In Texas, residential lease agreements typically grant landlords the right to reasonably access the leased premises for necessary repairs, renovations, or maintenance. Texas law mandates that landlords provide tenants with notice before entering the property, usually at least 24 hours in advance, to respect the tenant's privacy. However, in cases of emergency, such as water leaks, fires, or other urgent situations that could cause damage or harm, landlords may enter without prior notice to address the issue promptly. Additionally, landlords have the right to show the property to prospective tenants towards the end of the lease term, particularly if there is no agreement to renew the lease or notice has been given by either party not to renew. Circumstances may also arise where a landlord's right to enter is implied, such as when a tenant is suspected to have abandoned the property. The specifics of these rights and any limitations are governed by the language in the lease agreement and the relevant Texas landlord-tenant statutes.


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