Restricted Entry by Landlord

Restricted Entry by Landlord

This is part of our Expanding Tenants’ Rights series, which explores options for legal changes that would benefit tenants and tenant organizers.

Lesson Objectives

01

Learners will understand the concept of restricted entry by landlords.

Learners will understand the current situation of this right in Texas and the possible form this law could take.

02

03

Learners will be able to connect this right to their organizing.

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Restricted Entry by Landlord

• There is obviously tension between a rental unit’s dual status as both a home for the tenant and the property of the landlord – that tension is at the core of why this right is necessary.
• Landlords will occasionally have valid reasons to need to enter their tenants’ living spaces, but the ability for landlords to do so any time they want to is greatly damaging to tenants’ privacy, safety, and comfort.
• The need to restrict when and how often landlords can enter occupied apartments is also a feminist issue, as women are more likely to be subject to harassment from landlords.

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Restricted Entry by Landlord

The current state of this right in Texas:

• In Texas, there are no state restrictions on when, why, or how often landlords can enter their tenants’ apartments.
• With no restrictions by the state, this is then determined by the lease. The standard lease from the Texas Apartment Association allows landlords to enter at “reasonable times for reasonable business purposes.”
• The lease also does not require the landlord (or anyone authorized by the landlord) to wait until the tenant is home or provide any notice.

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Restricted Entry by Landlord

Possible Changes Based on Example Laws:

• 38 other states place restrictions on landlord entry, making Texas one of the few stragglers when it comes to this important right.
• Most of these restrictions involve required written notice given ahead of time
• These requirements tend to be at least 24-hour notice, and most require at least 48 hours of notice.

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Restricted Entry by Landlord

Possible Changes Based on Example Laws:

• The most extensive protections come generally from states that have historically leaned further left, but conservative states with similar backgrounds to Texas – like Alabama, Oklahoma, South Carolina, and Kentucky – also have at least some notice requirement

• This 2019 bill that would require 48-hour notice died in committee, but its revival in future sessions would be a good starting point

Restricted Entry by Landlord

Possible Changes Based on Example Laws:

• Other types of restrictions on landlord entry we can see in the policy of some states:
• The notice must state a reason
• The entry must be during business hours
• Specifications on what reasons are suitable to require landlord entry

• Whatever requirements wind up being pushed in Texas, it’s important to tie this protection to the wider fight against landlord harassment and bullying

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References

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB1860