A common source of tension between tenants and landlords originates from the varied views on landlord access to a rental and a renter’s privacy right. On one hand, property owners feel that they must have frequent access to conduct various tasks to keep the property well-maintained and safe.
On the other hand, renters frequently resent the apparently endless invasions by property owners, who they think will misuse their position or even steal. While every renter has a privacy right, it should be balanced against the owner’s right to conduct property maintenance.
Furthermore, renters can’t deny landlord access unreasonably and landlords should follow all the local and state rules concerning access to renter’s units. Here’s what you should know about visits by the apartment owner if you’re a Texan resident.
Justifiable Reasons for Rental Access
Although some variations exist between states, most laws delineate the circumstances where property owners can enter your rental. They include:
In Case of an Emergency
State laws permit a landlord to enter a unit without notice if an emergency arises. In such a case, the owner can enter without issuing a written notice and can gain access using his or her key regardless of whether you’re home or not.
Any circumstance where something is causing damage, which is likely to persist if not tackled immediately, can qualify as an emergency. Several situations constitute an emergency-usually regarding fire, extreme weather, and floods.
For instance, if your neighbor reports smoke emerging from your rental, the property owner may consider it an emergency and enter for investigation. Another justified emergency is a leaking ceiling. The law deems few circumstances as an actual emergency. Therefore, landlords must be extremely careful when entering a unit through this justification.
During a Renter’s Extended Absence
In the event that you leave your rental for an extended period, several states permit landlords to enter the unit to conduct basic maintenance and check for damages. Keep in mind that every state may define a prolonged absence differently although it’s usually seven or more days.
Other states, however, don’t have allowances for property owners to enter a rental for inspections even if you’re absent for over seven days unless it’s an emergency.
Landlords should always check with their state laws to understand and review the specifications regarding entry during a renter’s prolonged absence and the situations that would validate entry.
Repairs Requested by a Renter
If you specifically request the property owner to service or repair something in your unit, the property owner may enter the rental during extra hours. Acceptable times to enter would be 8a.m-8p.m. as long as both of you agree on the time.
Conducting Normal Services
When a landlord needs to conduct scheduled services that are stipulated in the lease, he or she can typically enter your unit during normal hours between 9 a.m. and 6 p.m. These services include pest control or changing furnace filters.
When You Abandon the Unit
If a property owner suspects that you’ve abandoned a property and has adequate, reasonable proof to make that conclusion, legal entry is allowed. Reasonable evidence that might lead your landlord to conclude that you’ve abandoned your rental include an address change and turned off utilities.
Final Thoughts
The issue of granting a landlord access to a rental is one that makes renters uncomfortable for obvious reasons. However, renters should also understand some situations exist in which the owner needs to enter their unit in their absence. If you’re unsure about the circumstances under which your landlord may enter your unit, check out this list.
For more information on apartment owner visits, contact us at Apartment Agents or leave a comment.
